S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6385
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by Sen. HOYLMAN -- (at request of the Office of Court Admin-
   istration) -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Rules
 
 AN  ACT  to amend chapter 164 of the laws of 2017, relating to terms and
   conditions of employment of certain nonjudicial officers and employees
   of the unified court system and chapter  400  of  the  laws  of  2014,
   relating  to terms and conditions of employment of certain nonjudicial
   officers and employees of the unified court  system,  in  relation  to
   rates  of  pay  on  and  after April 1, 2020; and to establish certain
   conditions relating to salary and compensation increases  for  certain
   nonjudicial officers and employees of the unified court system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 164 of the laws of 2017,  relating  to
 terms  and  conditions of employment of certain nonjudicial officers and
 employees of the unified court system, is amended to read as follows:
   Section 1. Legislative findings. The legislature finds that a  collec-
 tive  bargaining  agreement  has  been  negotiated  by the unified court
 system with an employee organization representing  nonjudicial  officers
 and  employees  in  the state judiciary negotiating unit. The purpose of
 this act is to implement this agreement  and  to  provide  increases  in
 compensation for nonjudicial officers and employees of the unified court
 system  not  in  collective negotiating units. References in this act to
 the unified court system's classification structure shall mean the clas-
 sification structure established  by  the  chief  administrator  of  the
 courts  on  May  28, 1979, as amended since that date. References to the
 April, 2016 salary schedule shall mean the salary  schedule  promulgated
 by  the chief administrator of the courts pursuant to subdivision (c) of
 section 2 of chapter 400 of the laws of 2014. References to  the  April,
 2017  salary schedule, the April, 2018 salary schedule [and], the April,
 2019 salary schedule AND THE APRIL, 2020 SALARY SCHEDULE shall mean  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13150-02-9

 S. 6385                             2
 
 salary  schedules  promulgated  by  the  chief administrator pursuant to
 subdivisions (a), (b) [and], (c) AND (D) of section  two  of  this  act,
 respectively.
   §  2.  Section 2 of chapter 164 of the laws of 2017, relating to terms
 and conditions of employment of certain nonjudicial officers and employ-
 ees of the unified court system, is amended by adding a new  subdivision
 (d) to read as follows:
   (D)  EFFECTIVE  APRIL 1, 2020, EACH OF THE RATES OF PAY ESTABLISHED BY
 THE APRIL, 2019 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,  2019
 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. The opening paragraph of subdivision (a) of section 3 of  chapter
 164  of the laws of 2017, relating to terms and conditions of employment
 of certain nonjudicial officers  and  employees  of  the  unified  court
 system, is amended to read as follows:
   Each nonjudicial officer and employee of the unified court system in a
 position allocated to a salary grade in the unified court system's clas-
 sification  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, AND PAYMENTS PURSUANT TO PARAGRAPH
 (3) OF SUBDIVISION (D) OF THIS SECTION AND PARAGRAPH (3) OF  SUBDIVISION
 (D-1)  OF  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:
   § 4. Subdivision (d) of section 3 of chapter 164 of the laws of  2017,
 relating  to  terms  and conditions of employment of certain nonjudicial
 officers and employees of the unified court system, is amended by adding
 a new paragraph 3 to read as follows:
   (3) EACH SUCH NONJUDICIAL OFFICER AND EMPLOYEE IN A    TITLE  ON  SUCH
 DATE IN THE SECURITY SERIES UNDER THE UNIFIED COURT SYSTEM'S CLASSIFICA-
 TION  STRUCTURE  SHALL  RECEIVE A PAYMENT EQUALING 500 DOLLARS, IF HE OR
 SHE: (I) SERVED THE EQUIVALENT OF 120 WORKDAYS IN A TITLE IN SUCH  SECU-
 RITY SERIES DURING THE PRECEDING STATE FISCAL YEAR; AND (II) WAS AUTHOR-
 IZED  TO  CARRY A FIREARM WHILE ON DUTY AT ANY TIME DURING THE PRECEDING
 15 MONTHS. SUCH PAYMENT SHALL BE PRORATED FOR ANY SUCH NONJUDICIAL OFFI-
 CER OR EMPLOYEE OTHERWISE ENTITLED THERETO WHOSE POSITION IS  PART-TIME,
 BUT NOT COMPENSATED ON A PER DIEM OR HOURLY BASIS.

 S. 6385                             3
 
   §  5.  Section 3 of chapter 164 of the laws of 2017, relating to terms
 and conditions of employment of certain nonjudicial officers and employ-
 ees of the unified court system, is amended by adding a new  subdivision
 (d-1) to read as follows:
   (D-1) EFFECTIVE APRIL 1, 2020:
   (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, 2019 SALARY SCHEDULE.
   (2)  EACH SUCH NONJUDICIAL OFFICER AND EMPLOYEE SHALL BE PLACED IN HIS
 OR HER GRADE ON THE APRIL, 2020 SALARY SCHEDULE IN THE  MANNER  PROVIDED
 AS FOLLOWS:
   (I)  IF  HIS  OR  HER BASIC ANNUAL SALARY UNDER THE APRIL, 2019 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, 2020 SALARY SCHEDULE; OR
   (II)  IF  HIS  OR HER BASIC ANNUAL SALARY UNDER THE APRIL, 2019 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).
   (3) EACH SUCH NONJUDICIAL OFFICER AND EMPLOYEE IN A TITLE ON SUCH DATE
 IN  THE  SECURITY SERIES UNDER THE UNIFIED COURT SYSTEM'S CLASSIFICATION
 STRUCTURE SHALL RECEIVE A PAYMENT EQUALING 750 DOLLARS, IF  HE  OR  SHE:
 (I)  SERVED  THE  EQUIVALENT OF 120 WORKDAYS IN A TITLE IN SUCH SECURITY
 SERIES DURING THE PRECEDING STATE FISCAL YEAR; AND (II)  WAS  AUTHORIZED
 TO  CARRY  A  FIREARM  WHILE ON DUTY AT ANY TIME DURING THE PRECEDING 15
 MONTHS. SUCH PAYMENT SHALL BE PRORATED FOR ANY SUCH NONJUDICIAL  OFFICER
 OR  EMPLOYEE OTHERWISE ENTITLED THERETO WHOSE POSITION IS PART-TIME, BUT
 NOT COMPENSATED ON A PER DIEM OR HOURLY BASIS.
   § 6. Section 4 of chapter 164 of the laws of 2017, relating  to  terms
 and conditions of employment of certain nonjudicial officers and employ-
 ees  of the unified court system, is amended by adding a new subdivision
 (e) to read as follows:
   (E) EFFECTIVE APRIL 1, 2020, 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).
   § 7. Subdivision (i) of section 3 of chapter 400 of the laws of  2014,
 relating  to  terms  and conditions of employment of certain nonjudicial
 officers and employees of the unified court system, is amended  to  read
 as follows:
   (i)  Effective  April  1,  2016 and each April 1 thereafter, each such
 nonjudicial officer and employee in the  employ  of  the  unified  court
 system  who  has  completed  at least 4 years of continuous service at a
 basic annual salary rate equal to or higher than the maximum rate of the
 employee's salary grade as of the preceding March 31  shall  receive  an
 annual  longevity  payment equaling: (i) 2,250 dollars, if he or she has
 completed less than 8 years of such service as of such  date,  OR  2,300
 DOLLARS, IF SUCH DATE IS MARCH 31, 2020 OR LATER; or (ii) 4,600 dollars,
 if  he  or  she  has completed at least 8 but less than 13 years of such

 S. 6385                             4
 
 service as of such date, OR 4,700 DOLLARS, IF SUCH  DATE  IS  MARCH  31,
 2020  OR  LATER;  or  (iii) 6,900 dollars, if he or she has completed at
 least 13 years of such service as of such date.
   § 8. Subparagraph (iii) of paragraph 1 of subdivision (a) of section 5
 of  chapter 164 of the laws of 2017, relating to terms and conditions of
 employment of certain nonjudicial officers and employees of the  unified
 court system, is amended to read as follows:
   (iii)  4,200 dollars annually, during the fiscal year commencing April
 1, 2019 and 4,300 DOLLARS during each fiscal year commencing  [each]  ON
 OR AFTER April 1 [thereafter], 2020.
   § 9. Subparagraph (iii) of paragraph 2 of subdivision (a) of section 5
 of  chapter 164 of the laws of 2017, relating to terms and conditions of
 employment of certain nonjudicial officers and employees of the  unified
 court system, is amended to read as follows:
   (iii)  2,100 dollars annually, during the fiscal year commencing April
 1, 2019 and 2,150 DOLLARS during each fiscal year commencing  [each]  ON
 OR AFTER April 1 [thereafter], 2020.
   §  10.  Collective  bargaining  agreement  required. The provisions of
 sections three, four, five, six, seven, eight and nine of this act shall
 not be implemented for nonjudicial officers and employees in  a  collec-
 tive  negotiating  unit  established pursuant to article 14 of the civil
 service law until the chief administrator of the courts shall have noti-
 fied the comptroller that the members  of  such  negotiating  unit  have
 ratified a written collective bargaining agreement with the state pursu-
 ant  to  article 14 of the civil service law which provides therefor and
 delivered to the comptroller a copy of such agreement; and any  increase
 in  compensation, including increases in basic annual salary, increments
 or  partial  increments,  lump  sum  payments,  or  longevity  payments,
 provided  by  sections  three, four, five, six, seven, eight and nine 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.
   § 11. 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.
   §  12.  Deferred  payment  of  salary  increase.  Notwithstanding  the
 provisions of this act or any other law, commencing April 1,  2020,  and
 pending  payment  pursuant  to  this act of the basic annual salaries of
 incumbents of positions subject to this act commencing  April  1,  2020,
 such  incumbents  shall  receive,  as  partial compensation for services
 rendered, the rate of compensation otherwise payable in their respective

 S. 6385                             5
 
 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,
 2020 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.
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2019.