|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Aug 03, 2020 |
referred to governmental employees |
Assembly Bill A10890
2019-2020 Legislative Session
Relates to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; repealer
download bill text pdfSponsored By
ABBATE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A10890 (ACTIVE) - Details
2019-A10890 (ACTIVE) - Summary
Relates to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; relates to the employee benefit fund for certain members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof.
2019-A10890 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10890
I N A S S E M B L Y
August 3, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
(at request of the Governor) -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of members of
the agency police services unit; to amend the state finance law, in
relation to the employee benefit fund for certain members of the agen-
cy police services unit; to implement an agreement or interest arbi-
tration award between the state and the employee organization repres-
enting the members of the agency police services unit; making an
appropriation for the purpose of effectuating certain provisions ther-
eof; and to repeal certain provisions of the civil service law relat-
ing thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph h of subdivision 1 of section 130 of the civil
service law is REPEALED and a new paragraph h is added to read as
follows:
H. PURSUANT TO THE TERMS OF AN AGREEMENT ENTERED INTO, OR AN INTEREST
ARBITRATION AWARD ISSUED, PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION COVERING
MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT DESIGNATED AS THE AGENCY
POLICE SERVICES UNIT, EFFECTIVE ON THE DATES INDICATED, SALARY GRADES
FOR SUCH UNIT MEMBERS SHALL BE AS FOLLOWS:
(1) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
PERF. PERF. PERF. PERF. PERF. LONG
AD- AD- AD- AD- AD- MAX.
HIR- VANCE VANCE VANCE VANCE VANCE 10 YR 15 YR 20 YR 25 YR
ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG
SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP
1 28663 29671 30679 31687 32695 33703 34711 1008 36218 37724 40644 42151
2 29540 30602 31664 32726 33788 34850 35912 1062 37506 39101 42106 43703
3 30764 31872 32980 34088 35196 36304 37412 1108 39075 40737 43813 45477
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12056-01-0
A. 10890 2
4 31940 33110 34280 35450 36620 37790 38960 1170 40710 42461 45619 47366
5 33237 34465 35693 36921 38149 39377 40605 1228 42445 44285 47537 49377
6 34736 36027 37318 38609 39900 41191 42482 1291 44420 46358 49710 51649
7 36442 37787 39132 40477 41822 43167 44512 1345 46527 48541 51969 53984
8 38238 39635 41032 42429 43826 45223 46620 1397 48713 50806 54312 56408
9 40115 41572 43029 44486 45943 47400 48857 1457 51047 53237 56836 59023
10 42133 43666 45199 46732 48265 49798 51331 1533 53625 55919 59621 61916
11 44351 45946 47541 49136 50731 52326 53921 1595 56308 58695 62497 64886
12 46560 48225 49890 51555 53220 54885 56550 1665 59048 61546 65458 67956
13 49066 50804 52542 54280 56018 57756 59494 1738 62096 64698 68714 71316
14 51622 53445 55268 57091 58914 60737 62560 1823 65285 68011 72151 74879
15 54326 56222 58118 60014 61910 63806 65702 1896 68542 71381 75634 78473
16 57131 59111 61091 63071 65051 67031 69011 1980 71980 74949 79327 82293
17 60083 62169 64255 66341 68427 70513 72599 2086 75722 78845 83380 86504
18 63238 65428 67618 69808 71998 74188 76378 2190 79660 82943 87642 90927
19 66434 68722 71010 73298 75586 77874 80162 2288 83590 87018 91857 95285
20 69606 71996 74386 76776 79166 81556 83946 2390 87534 91123 96119 99707
21 73101 75594 78087 80580 83073 85566 88059 2493 91799 95540 100- 104-
687 426
22 76762 79403 82044 84685 87326 89967 92608 2641 96562 100- 105- 109-
515 880 835
23 80663 83378 86093 88808 91523 94238 96953 2715 101- 105- 110- 114-
027 101 585 659
24 84774 87590 90406 93222 96038 98854 101- 2816 105- 110- 115- 119-
670 892 114 751 973
25 89244 92182 95120 98058 100- 103- 106- 2938 111- 115- 121- 125-
996 934 872 276 681 494 896
(2) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
PERF. PERF. PERF. PERF. PERF. LONG
AD- AD- AD- AD- AD- MAX.
HIR- VANCE VANCE VANCE VANCE VANCE 10 YR 15 YR 20 YR 25 YR
ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG
SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP
1 29236 30264 31292 32320 33348 34376 35404 1028 36941 38477 41456 42993
2 30131 31214 32297 33380 34463 35546 36629 1083 38255 39882 42947 44576
3 31379 32509 33639 34769 35899 37029 38159 1130 39855 41551 44688 46385
4 32579 33772 34965 36158 37351 38544 39737 1193 41522 43308 46529 48311
5 33902 35155 36408 37661 38914 40167 41420 1253 43297 45174 48491 50367
6 35431 36748 38065 39382 40699 42016 43333 1317 45310 47287 50706 52683
7 37171 38543 39915 41287 42659 44031 45403 1372 47458 49513 53009 55064
8 39003 40428 41853 43278 44703 46128 47553 1425 49688 51823 55399 57537
9 40917 42403 43889 45375 46861 48347 49833 1486 52067 54301 57972 60202
10 42976 44540 46104 47668 49232 50796 52360 1564 54700 57040 60816 63157
11 45238 46865 48492 50119 51746 53373 55000 1627 57435 59869 63748 66184
12 47491 49189 50887 52585 54283 55981 57679 1698 60227 62775 66765 69313
13 50047 51820 53593 55366 57139 58912 60685 1773 63339 65993 70089 72743
14 52654 54514 56374 58234 60094 61954 63814 1860 66594 69374 73597 76379
15 55413 57347 59281 61215 63149 65083 67017 1934 69914 72810 77148 80043
16 58274 60294 62314 64334 66354 68374 70394 2020 73422 76451 80916 83942
17 61285 63413 65541 67669 69797 71925 74053 2128 77238 80424 85050 88236
18 64503 66737 68971 71205 73439 75673 77907 2234 81255 84603 89396 92747
19 67763 70097 72431 74765 77099 79433 81767 2334 85264 88760 93696 97192
20 70998 73436 75874 78312 80750 83188 85626 2438 89286 92947 98042 101-
A. 10890 3
702
21 74563 77106 79649 82192 84735 87278 89821 2543 93636 97452 102- 106-
702 515
22 78297 80991 83685 86379 89073 91767 94461 2694 98494 102- 107- 112-
526 998 033
23 82276 85045 87814 90583 93352 96121 98890 2769 103- 107- 112- 116-
045 201 795 950
24 86469 89341 92213 95085 97957 100- 103- 2872 108- 112- 118- 122-
829 701 007 314 064 370
25 91029 94026 97023 100- 103- 106- 109- 2997 113- 117- 123- 128-
020 017 014 011 503 996 925 415
(3) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
PERF. PERF. PERF. PERF. PERF. LONG
AD- AD- AD- AD- AD- MAX.
HIR- VANCE VANCE VANCE VANCE VANCE 10 YR 15 YR 20 YR 25 YR
ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG
SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP
1 29821 30870 31919 32968 34017 35066 36115 1049 37683 39249 42288 43856
2 30734 31839 32944 34049 35154 36259 37364 1105 39023 40682 43808 45470
3 32007 33160 34313 35466 36619 37772 38925 1153 40655 42385 45585 47316
4 33231 34448 35665 36882 38099 39316 40533 1217 42354 44175 47461 49278
5 34580 35858 37136 38414 39692 40970 42248 1278 44163 46077 49460 51374
6 36140 37483 38826 40169 41512 42855 44198 1343 46215 48231 51718 53735
7 37914 39314 40714 42114 43514 44914 46314 1400 48410 50506 54072 56168
8 39783 41237 42691 44145 45599 47053 48507 1454 50685 52862 56510 58691
9 41735 43251 44767 46283 47799 49315 50831 1516 53110 55388 59133 61407
10 43836 45431 47026 48621 50216 51811 53406 1595 55793 58180 62031 64419
11 46143 47803 49463 51123 52783 54443 56103 1660 58587 61069 65026 67511
12 48441 50173 51905 53637 55369 57101 58833 1732 61432 64031 68101 70700
13 51048 52857 54666 56475 58284 60093 61902 1809 64609 67316 71494 74201
14 53707 55604 57501 59398 61295 63192 65089 1897 67925 70760 75068 77905
15 56521 58494 60467 62440 64413 66386 68359 1973 71314 74268 78693 81646
16 59439 61500 63561 65622 67683 69744 71805 2061 74894 77983 82537 85624
17 62511 64682 66853 69024 71195 73366 75537 2171 78786 82035 86754 90004
18 65793 68072 70351 72630 74909 77188 79467 2279 82882 86297 91186 94604
19 69118 71499 73880 76261 78642 81023 83404 2381 86971 90537 95572 99138
20 72418 74905 77392 79879 82366 84853 87340 2487 91073 94807 100- 103-
004 738
21 76054 78648 81242 83836 86430 89024 91618 2594 95509 99402 104- 108-
757 646
22 79863 82611 85359 88107 90855 93603 96351 2748 100- 104- 110- 114-
465 577 159 274
23 83922 86746 89570 92394 95218 98042 100- 2824 105- 109- 115- 119-
866 104 343 049 287
24 88198 91128 94058 96988 99918 102- 105- 2930 110- 114- 120- 124-
848 778 170 563 428 820
25 92850 95907 98964 102- 105- 108- 111- 3057 115- 120- 126- 130-
021 078 135 192 774 357 404 984
(4) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
PERF. PERF. PERF. PERF. PERF. LONG
AD- AD- AD- AD- AD- MAX.
HIR- VANCE VANCE VANCE VANCE VANCE 10 YR 15 YR 20 YR 25 YR
A. 10890 4
ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG
SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP
1 30417 31487 32557 33627 34697 35767 36837 1070 38436 40034 43133 44733
2 31349 32476 33603 34730 35857 36984 38111 1127 39803 41495 44684 46379
3 32647 33823 34999 36175 37351 38527 39703 1176 41468 43232 46496 48262
4 33896 35137 36378 37619 38860 40101 41342 1241 43199 45057 48409 50262
5 35272 36576 37880 39184 40488 41792 43096 1304 45049 47002 50452 52405
6 36863 38233 39603 40973 42343 43713 45083 1370 47140 49197 52753 54811
7 38672 40100 41528 42956 44384 45812 47240 1428 49378 51516 55153 57291
8 40579 42062 43545 45028 46511 47994 49477 1483 51699 53919 57640 59865
9 42570 44116 45662 47208 48754 50300 51846 1546 54171 56494 60314 62634
10 44713 46340 47967 49594 51221 52848 54475 1627 56910 59344 63273 65708
11 47066 48759 50452 52145 53838 55531 57224 1693 59758 62289 66325 68860
12 49410 51177 52944 54711 56478 58245 60012 1767 62663 65314 69465 72116
13 52069 53914 55759 57604 59449 61294 63139 1845 65900 68661 72923 75684
14 54781 56716 58651 60586 62521 64456 66391 1935 69284 72175 76570 79463
15 57651 59664 61677 63690 65703 67716 69729 2013 72743 75756 80270 83282
16 60628 62730 64832 66934 69036 71138 73240 2102 76391 79542 84187 87335
17 63761 65976 68191 70406 72621 74836 77051 2215 80365 83679 88492 91807
18 67109 69434 71759 74084 76409 78734 81059 2325 84542 88026 93012 96499
19 70500 72929 75358 77787 80216 82645 85074 2429 88712 92350 97485 101-
123
20 73866 76403 78940 81477 84014 86551 89088 2537 92896 96704 102- 105-
005 814
21 77575 80221 82867 85513 88159 90805 93451 2646 97420 101- 106- 110-
391 853 820
22 81460 84263 87066 89869 92672 95475 98278 2803 102- 106- 112- 116-
474 669 362 559
23 85600 88481 91362 94243 97124 100- 102- 2881 107- 111- 117- 121-
005 886 209 533 353 675
24 89962 92951 95940 98929 101- 104- 107- 2989 112- 116- 122- 127-
918 907 896 376 857 839 319
25 94707 97825 100- 104- 107- 110- 113- 3118 118- 122- 128- 133-
943 061 179 297 415 089 763 931 603
§ 2. Section 207-d of the state finance law, as added by chapter 114 of
the laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3
of the laws of 2007 and subdivision 2 as amended by chapter 15 of the
laws of 2012, is amended to read as follows:
§ 207-d. Employee benefit fund; agency [law enforcement] POLICE
services unit. 1. As used in this section, unless otherwise expressly
stated:
(a) "Director" shall mean the director of employee relations.
(b) "Employee" shall mean any person serving on a full-time annual
salaried basis in the service of the state of New York who is appointed
to and serving in a position in the collective negotiating unit desig-
nated as the agency [law enforcement] POLICE services unit and is a
police officer pursuant to subdivision thirty-four of section 1.20 of the
criminal procedure law [or a forest ranger 1 or a forest ranger 2].
2. Where and to the extent that an agreement between the state and an
employee organization entered into pursuant to article fourteen of the
civil service law or an interest arbitration award issued pursuant to
subdivision four of section two hundred nine of the civil service law
between the state and an employee organization so provides on behalf of
employees in the collective negotiating unit designated as the agency
police services unit established pursuant to article fourteen of the
civil service law, and upon audit and warrant of the comptroller, the
A. 10890 5
director shall provide for the payment of moneys to such employee organ-
ization for the establishment and maintenance of an employee benefit fund
established by the employee organization for the employees in the negoti-
ating unit covered by the controlling provision of such agreement or
award providing for such employee benefit fund, such amount to be deter-
mined consistent with said agreement or award on the basis of the number
of full-time annual salaried employees, as determined by the comptroller,
[on the payroll on March first, two thousand eleven for payments to be
made on April first, two thousand eleven, on the payroll on March first,
two thousand twelve for payments to be made on April first, two thousand
twelve, on the payroll on March first, two thousand thirteen for payments
to be made on April first, two thousand thirteen, and on the payroll on
March first, two thousand fourteen for payments to be made on April
first, two thousand fourteen] ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND
FIFTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FIFTEEN, ON
THE PAYROLL ON MARCH FIRST, TWO THOUSAND SIXTEEN FOR PAYMENTS TO BE MADE
ON APRIL FIRST, TWO THOUSAND SIXTEEN, ON THE PAYROLL ON MARCH FIRST, TWO
THOUSAND SEVENTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
SEVENTEEN, AND ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND EIGHTEEN FOR
PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND EIGHTEEN. The amount,
which will be determined pursuant to this section, for employees who are
paid from special or administrative funds, other than the general fund or
the capital projects fund of the state, will be paid from the appropri-
ations as provided by law, in which case the comptroller will establish
procedures to ensure repayment from said special or administrative funds.
The director shall enter into an agreement with an employee organization
which sets forth the specific terms and conditions for the establishment
and administration of an employee benefit fund as a condition for the
transmittal of moneys pursuant to this section.
3. Such employee organization shall periodically as specified by the
director, supply a description of the benefits purchased or provided by
the employee benefit fund, the utilization experience of the benefit
fund, the amount disbursed for or the cost of such benefits and such
other information as may be requested by the director.
4. The employee organization shall report to the comptroller, in the
form and manner as he or she may direct, the amount it expended for the
purchase of or providing for such benefits for any period specified by
the comptroller. The comptroller is hereby authorized to audit the books
of the employee organization with respect to any moneys transmitted to it
pursuant to this section.
5. Neither the state nor any officer or employee of the state shall be
a party to any contract or agreement entered into by any employee organ-
ization providing for benefits purchased in whole or in part with moneys
transmitted to such employee organization pursuant to this section. No
benefit provided pursuant to such contracts or agreements shall be paya-
ble by the state and all such benefits shall be paid by the responsible
parties to such agreements or contracts pursuant to the terms and condi-
tions of such agreements or contracts. The employee organization shall be
a fiduciary with respect to the employee benefit fund established pursu-
ant to this section.
6. Nothing in this section shall be deemed to diminish, impair or
reduce any benefit otherwise payable to any employee established or
authorized by law, rule or regulation by reason of such employee's lack
of eligibility to participate in any benefit program established by an
employee organization pursuant to this section.
A. 10890 6
7. In the event it is determined that the moneys transmitted to an
employee organization pursuant to this section is income for which
payroll deductions are required for income tax withholdings from the
salary or wages of employees pursuant to law, the comptroller shall
determine the amount of such withholdings required and deduct the amount
so required to be withheld from the salary or wages of the employees
concerned.
8. The employee organization shall indemnify the state for any claims
whatsoever paid by it arising from the establishment, administration or
discontinuation of any employee benefit provided pursuant to this
section, together with reasonable costs of litigation arising therefrom.
9. Insofar as the provisions of this section are inconsistent with the
provisions of any other law, general or special, the provisions of this
section shall be controlling.
§ 3. Compensation for members of the collective negotiating unit desig-
nated as agency police services unit pursuant to an agreement between the
state of New York and the employee organization representing such indi-
viduals or an interest arbitration award binding the state of New York
and the employee organization representing such individuals.
1. The provisions of this section shall apply to all full-time officers
and employees in the collective negotiating unit designated as the agency
police services unit established pursuant to article fourteen of the
civil service law.
2. Effective April 1, 2015, the basic annual salary of all members of
the agency police services unit who were in full-time annual salaried
employment status on March 31, 2015 shall be increased by two percent.
3. Effective April 1, 2016, the basic annual salary of all members of
the agency police services unit who were in full-time annual salaried
employment status on March 31, 2016 shall be increased by two percent.
4. Effective April 1, 2017, the basic annual salary of all members of
the agency police services unit who were in full-time annual salaried
employment status on March 31, 2017 shall be increased by two percent.
5. Effective April 1, 2018, the basic annual salary of all members of
the agency police services unit who were in full-time annual salaried
employment status on March 31, 2018 shall be increased by two percent.
6. Advancement within salary grade. Payments pursuant to the provisions
of subdivision 6 of section 131 of civil service law for members of the
agency police services unit shall be payable pursuant to the terms of an
agreement between the state and an employee organization representing
employees subject to the provisions of this section.
7. Effective April 1, 2015, pursuant to the terms of an agreement
covering members of the agency police services unit, for such unit
members who are on the institutional payroll, the ten-year, the fifteen-
year, the twenty-year, and the twenty-five-year longevity step payment
for such unit members to whom the provisions of this section apply shall
be that amount prescribed by paragraph h of subdivision 1 of section 130
of the civil service law, as added by section one of this act.
8. Notwithstanding any of the foregoing provisions of this section, if
the basic annual salary of such unit members to whom the provisions of
this section apply is identical with the hiring rate, performance advance
step one, two, three, four or five, the job rate, the ten-year longevity
step, the fifteen-year longevity step, the twenty-year longevity step or
the twenty-five-year longevity step of his or her position on the effec-
tive dates of the increases provided in this section, such basic annual
salary shall be increased to the hiring rate, performance advance step
one, two, three, four or five, the job rate, the ten-year longevity step,
A. 10890 7
the fifteen-year longevity step, the twenty-year longevity step or the
twenty-five-year longevity step, respectively, of such salary grade as
contained in the appropriate salary schedule in subparagraphs (1), (2),
(3), and (4) of paragraph h 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 subparagraphs (1), (2), (3), and (4), respectively.
The increases in basic annual salary provided by this subdivision shall
be in lieu of any increase in basic annual salary provided for in subdi-
visions two, three, four and five of this section.
9. 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 is filled by the appointment of
such unit members to whom the provisions of this section apply, the sala-
ry otherwise provided for such position shall be increased in the same
manner as though such position had been in existence but unencumbered.
Notwithstanding the provisions of this section, the director of the budg-
et may reduce the salary of any such position, which is or becomes
vacant.
10. The increases in salary payable pursuant to this section shall
apply on a prorated basis to officers and employees, otherwise eligible
to receive an increase in salary pursuant to this section, 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
salaried rate; except that the provisions of subdivision eleven, twelve,
or thirteen of this section shall not apply to employees serving on an
hourly, per diem, or seasonal basis, except as determined by the director
of the budget.
11. 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.
12. In order to provide for the officers and employees to whom this
section applies who are not allocated to salary grades, performance
advancements and payments 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 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 thereof for which adjust-
ments 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 chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
13. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation may be withheld in whole or in part from any
such unit members to whom the provisions of this section apply when, in
the opinion of the director of the division of the budget and the direc-
tor of employee relations, such increase is not warranted or is not
appropriate.
§ 4. Additional compensation for certain members of the agency police
services collective negotiating unit. 1. In recognition of the general
requirement for full-time employees of the state in the agency police
services unit to assemble for briefing prior to the commencement of
duties, where and to the extent an agreement so provides, each such
employee except such an employee receiving additional compensation pursu-
ant to subdivision 5 of section 134 of the civil service law, shall
A. 10890 8
continue to receive additional compensation in recognition of pre-shift
briefing at one and one-half times the hourly rate of pay provided for by
subdivision 1 of section 134 of the civil service law and the rules and
regulations of the director of the budget.
2. Members of the agency police services collective negotiating unit
who are full-time annual salaried and are police officers pursuant to
subdivision 34 of section 1.20 of the criminal procedure law, who are
required, authorized and actually assemble for pre-shift briefing or line
up before the commencement of their regular tour of duty shall continue
to be paid for pre-shift briefing. However, employees of the department
of environmental conservation who do not physically line up shall be paid
the equivalent of pre-shift compensation for vehicle, equipment, office
maintenance, and the handling of phone calls and home visitations
received and instigated outside of the regular workday. This payment
supplants any payments made to such employees for equipment storage.
There shall be no payment of pre-shift briefing for any day in which any
employee who is a member of the agency police services unit, full-time
annual salaried and a police officer pursuant to subdivision 34 of
section 1.20 of the criminal procedure law is not physically reporting to
work. There shall be no change in the payment for pre-shift briefing for
all other members of the agency police services unit.
3. Any such additional compensation pursuant to this section shall be
paid in addition to and shall not be a part of such employee's basic
annual salary and shall not be included as compensation for the purposes
of computation of overtime pay, provided, however, that such additional
compensation shall be included for retirement purposes. Notwithstanding
the foregoing provisions of this section or of any other law, such addi-
tional compensation as added by this section shall be in lieu of the
continuation of any other additional compensation for such unit members
in recognition of pre-shift briefing.
§ 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms
of an agreement covering members of the agency police services collective
negotiating unit who are full-time annual salaried and are classified as
investigators or detectives, in recognition of the general requirement
for such unit members to whom the provisions of this section apply to
wear professional attire, each such employee who is on the payroll on the
first day of November preceding the annual effective date shall continue
to receive a clothing allowance at a rate of four hundred dollars per
year effective December 1, 2011.
§ 6. Location pay. 1. Pursuant to the terms of an agreement covering
members of the agency police services collective negotiating unit, and
notwithstanding any inconsistent provision of law, effective April 1,
2015, all members of this unit who are full-time annual salaried employ-
ees and whose principal place of employment, or, in the case of a field
employee, whose official station is determined in accordance with the
regulations of the state comptroller, is located in the city of New York,
or in the county of Rockland, Westchester, Nassau, or Suffolk shall
continue to receive location pay in the amount of one thousand five
hundred twenty dollars.
2. The location pay as set out in this section 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 performance advance or other rights or benefits
to which an employee may be entitled by law, provided, however, that
location pay shall be included as compensation for the purposes of compu-
tation of overtime pay and for retirement purposes. This payment will be
equally divided over the twenty-six payroll periods in each fiscal year.
A. 10890 9
§ 7. Supplemental location pay. 1. Pursuant to the terms of an agree-
ment covering members of the agency police services collective negotiat-
ing unit, and notwithstanding any inconsistent provision of law, all
members of this unit who are full-time annual salaried employees and
whose principal place of employment, or, in the case of a field employee,
whose official station is determined in accordance with the regulations
of the state comptroller, is located in the city of New York, or in the
county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or
Suffolk, shall continue to receive supplemental location pay, in the
following amounts:
Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk
Dutchess Westchester
Effective April 1,2015 $1,266 $1,900 $2,217
2. The supplemental location pay as set out in this section 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 performance advance or other rights or
benefits to which an employee may be entitled by law; provided, however,
that supplemental location pay shall be included as compensation for the
purposes of computation of overtime pay and for retirement purposes. This
payment will be equally divided over the twenty-six payroll periods in
each fiscal year.
§ 8. Expanded duty pay. Pursuant to the terms of an agreement or award
covering members of the agency police services collective negotiating
unit who are full-time annual salaried employees, in recognition of the
additional and continued duties and responsibilities performed by the
police officers in this unit as a result of the September 11th terrorist
attacks, and notwithstanding any provision of law, rule or regulation to
the contrary, members of this unit, effective April 1, 2015, shall
continue to receive expanded duty pay in the amount of three thousand
seventy-five dollars. Effective March 31, 2019, this amount shall be
increased to three thousand eight hundred and twenty-five dollars.
Expanded duty pay as set out in this section 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 performance advance or other rights or benefits to
which an employee may be entitled by law; provided, however, that
expanded duty pay shall be included as compensation for the purposes of
computation of overtime pay and for retirement purposes. This payment
will be equally divided over the twenty-six payroll periods in each
fiscal year.
§ 9. Marine/off-road enforcement pay. Pursuant to the terms of an
agreement covering members of the agency police services collective nego-
tiating unit who are full-time annual salaried employees, effective April
1, 2015, all members of this unit who are employed by the office of
parks, recreation and historic preservation or the department of environ-
mental conservation shall continue to receive one thousand five hundred
dollars per year in recognition of their expertise in marine and off-road
enforcement. Marine/off-road enforcement pay as set out in this section
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 performance advance or
other rights or benefits to which an employee may be entitled by law;
provided, however, that marine/off-road enforcement pay shall be included
as compensation for the purposes of computation of overtime pay and for
retirement purposes. This payment will be equally divided over the twen-
ty-six payroll periods in each fiscal year.
§ 10. Hazardous material pay. 1. Pursuant to the terms of an agreement
covering members of the agency police services collective negotiating
A. 10890 10
unit who are full-time annual salaried employees, effective April 1,
2015, all members who are employed by the department of environmental
conservation, except for those in the forest ranger title series, shall
continue to receive one thousand five hundred dollars per year in recog-
nition of their expertise and handling of hazardous materials. Hazardous
material pay as set out in this section 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 performance advance or other rights or benefits to which an
employee may be entitled by law; provided, however, that hazardous mate-
rial pay shall be included as compensation for the purposes of computa-
tion of overtime pay and for retirement purposes. This payment will be
equally divided over the twenty-six payroll periods in each fiscal year.
2. Hazardous material/fire management/search and rescue pay. Pursuant
to the terms of an agreement covering members of the agency police
services collective negotiating unit who are full-time annual salaried
employees, effective April 1, 2015, all members who are employed by the
department of environmental conservation in the forest ranger title
series shall continue to receive one thousand five hundred dollars per
year in recognition of their expertise and handling of hazardous materi-
als. Hazardous material/fire management/search and rescue pay as set out
in this section 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
performance advance or other rights or benefits to which an employee may
be entitled by law; provided, however, that hazardous material/fire
management/search and rescue pay shall be included as compensation for
the purposes of computation of overtime pay and for retirement purposes.
This payment will be equally divided over the twenty-six payroll periods
in each fiscal year.
§ 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of
1969, as amended, and an agreement negotiated between the state and the
employee organization representing members of the agency police services
unit, effective April 1, 2015, members of the agency police services unit
shall continue to receive inconvenience pay in the amount of five hundred
ninety-seven dollars. Any such additional compensation pursuant to this
section shall be included as compensation for retirement purposes.
§ 12. During the period April 1, 2015 through March 31, 2019 or as
otherwise agreed, there shall be a statewide joint labor-management
committee continued and administered pursuant to the terms of the agree-
ment negotiated between, or an interest arbitration award binding the
state and the employee organization representing employees in the collec-
tive negotiating unit designated as the agency police services unit
established pursuant to article 14 of the civil service law which shall,
with the amounts available therefore, study and make recommendations
concerning major issues of employee assistance, performance evaluation,
education and training, quality of work life, health benefits, and
provide for the implementation of the terms of agreements of such commit-
tees.
§ 13. 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 7 and 8 of the collective negotiating agree-
ment between the state and the employee organization representing the
collective negotiating unit designated as the agency police services unit
established pursuant to article 14 of the civil service law.
§ 14. Notwithstanding any provision of law, rule or regulation to the
contrary, and where and to the extent an agreement negotiated between the
A. 10890 11
state and the employee organization representing employees in the agency
police services collective negotiating unit established pursuant to arti-
cle 14 of the civil service law so provides, the salaries of newly hired
employees on or after September 1, 1992 into state service in positions
within said negotiating unit shall not be subject to the provisions of
subdivision 2-a of section 200 of the state finance law.
§ 15. Date of entitlement to salary increase. Notwithstanding the
provisions of this act or of any other provision of law to the contrary,
the increase in salary or compensation provided by this act of any member
of the agency police services collective negotiating unit established
pursuant to article 14 of the civil service law who are full-time annual
salaried employees and are police officers pursuant to subdivision 34 of
section 1.20 of the criminal procedure law shall be added to the salary
of such member 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 unit members upon reclassi-
fication, reallocation, appointment, promotion, transfer, demotion, rein-
statement, or other change of status, such salary increase shall be
deemed to be effective on the date thereof as prescribed by this act,
with 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 unit members. Payment of
such salary increase may be deferred pursuant to section sixteen of this
act.
§ 16. Deferred payment of salary increases. Notwithstanding the
provisions of any other section of this act or of 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
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, 2015, 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 compen-
sation 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. Notwithstanding the provisions of
this section or of any other section of this act, the lump sum payments
resulting from the increases in salary and other compensation pursuant to
this act shall be aggregated in the form of a lump sum payment and made
to employees in two equal payments. However, effective the pay period
closest to March 31, 2019, the denominator for purposes of calculating
overtime shall be adjusted consistent with such interest arbitration
award and recalculation of the overtime earned subsequent to March 31,
2019 will be reconciled, adjusted and applied in the first retroactive
payment referenced herein. The first payment shall be paid as soon as
practicable after the passage of legislation implementing a Final Deci-
sion and Award covering the period April 1, 2015 to March 31, 2019 and
the second payment shall be paid on the first day of the payroll period
commencing after April 1, 2021. For the purpose of calculating retirement
benefits, the amounts paid under this act shall count as compensation
earned during the year or years for which it is calculated and not as
A. 10890 12
compensation earned wholly in the year in which it is paid. Notwith-
standing any law, rule or regulation to the contrary, no member of the
agency police services 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 or interest arbitration award covering
employees in the agency police services unit.
§ 17. Use of appropriations. Notwithstanding any provision of the state
finance law or any other provision of law to the contrary, the state
comptroller is authorized to pay any amounts required during the fiscal
year commencing April 1, 2020 by the 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 appro-
priations are insufficient in any fund to accomplish the purposes herein
set forth, the director of the budget is authorized to allocate to the
various departments 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 obli-
gations incurred prior to April 1, 2020, in addition to current liabil-
ities.
§ 18. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of fifty-five million
dollars ($55,000,000) is hereby appropriated in the general fund/state
purposes account (10050) in miscellaneous-all state departments and agen-
cies solely for apportionment/transfer by the director of the budget for
use by any state department or agency in any fund for the period April 1,
2015 through March 31, 2021 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 expendi-
ture 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
chair of the senate finance committee and the chair 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
period April 1, 2015 through March 31, 2021. For this purpose, the monies
appropriated shall remain in full force and effect for the payment of
liabilities incurred on or before March 31, 2021.
§ 19. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the several amounts as hereinaft-
er set forth, or so much thereof as may be necessary, are hereby appro-
priated from the fund so designated for use by any state department or
agency for the period April 1, 2015 through March 31, 2021 to supplement
appropriations from each respective fund available for other than
personal service and fringe benefits, and to carry out the provisions of
this act. The monies hereby appropriated are available for the payment of
any liabilities or obligations incurred prior to or during the period
commencing April 1, 2015 through March 31, 2021. No money shall be
available for expenditure from the monies appropriated until a certif-
icate 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 chair of the senate finance committee and the
chair of the assembly ways and means committee. Notwithstanding the
provisions of any other section of this act, the salary increases, and
lump sum payments provided for in this act shall not be implemented until
A. 10890 13
the director of employee relations has delivered notice to the director
of the budget and the comptroller that a Final Decision and Award has
been issued and signed by the interest arbitration panel so that such
amounts may be paid.
ALL STATE DEPARTMENTS AND AGENCIES
SPECIAL PAY BILLS
General Fund / State Operations
State Purposes Account - 003
NONPERSONAL SERVICE
Joint committee on health benefits ................ 15,782
Contract administration ........................... 30,000
Education and Training ............................ 91,337
Education and Training - Management Directed ...... 55,746
Employee Assistance Program ....................... 13,810
Organizational Alcohol Program .................... 21,441
Legal Defense Fund ................................ 10,000
Quality of Work Life Initiatives .................. 67,420
Employee Benefit Fund ............................ 198,175
§ 20. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.