EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12039-02-2
A. 9771 2
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service law is REPEALED and a new paragraph h is added to read as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 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 NINETEEN:
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP
SG RATE 1 2 3 4 5
1 31025 32117 33209 34301 35393 36485
2 31976 33126 34276 35426 36576 37726
3 33300 34500 35700 36900 38100 39300
4 34574 35840 37106 38372 39638 40904
5 35977 37307 38637 39967 41297 42627
6 37600 38998 40396 41794 43192 44590
7 39445 40902 42359 43816 45273 46730
8 41391 42904 44417 45930 47443 48956
9 43421 44998 46575 48152 49729 51306
10 45607 47267 48927 50587 52247 53907
11 48007 49734 51461 53188 54915 56642
12 50398 52200 54002 55804 57606 59408
13 53110 54992 56874 58756 60638 62520
14 55877 57851 59825 61799 63773 65747
15 58804 60857 62910 64963 67016 69069
16 61841 63985 66129 68273 70417 72561
17 65036 67295 69554 71813 74072 76331
18 68451 70823 73195 75567 77939 80311
19 71910 74388 76866 79344 81822 84300
20 75343 77931 80519 83107 85695 88283
21 79127 81826 84525 87224 89923 92622
22 83089 85948 88807 91666 94525 97384
23 87312 90251 93190 96129 99068 102007
24 91761 94810 97859 100908 103957 107006
25 96601 99781 102961 106141 109321 112501
LONG
MAX.
10-YR. 15-YR. 20-YR. 25-YR.
JOB PERF. LONG LONG LONG LONG
SG RATE ADV. STEP STEP STEP STEP
1 37577 1092 39208 40838 43999 45631
2 38876 1150 40602 42328 45580 47309
3 40500 1200 42300 44100 47429 49230
4 42170 1266 44064 45959 49378 51268
5 43957 1330 45949 47941 51460 53452
6 45988 1398 48086 50184 53811 55911
7 48187 1457 50368 52549 56258 58439
8 50469 1513 52735 55000 58795 61065
9 52883 1577 55255 57624 61520 63887
A. 9771 3
10 55567 1660 58051 60533 64541 67025
11 58369 1727 60954 63535 67652 70238
12 61210 1802 63914 66618 70852 73556
13 64402 1882 67218 70034 74382 77198
14 67721 1974 70672 73621 78104 81054
15 71122 2053 74196 77270 81874 84946
16 74705 2144 77919 81133 85871 89082
17 78590 2259 81970 85351 90260 93641
18 82683 2372 86236 89789 94875 98432
19 86778 2478 90489 94200 99437 103148
20 90871 2588 94755 98639 104046 107932
21 95321 2699 99369 103420 108991 113037
22 100243 2859 104523 108802 114609 118890
23 104946 2939 109355 113766 119702 124111
24 110055 3049 114625 119195 125297 129866
25 115681 3180 120448 125216 131507 136273
(2) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY:
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP
SG RATE 1 2 3 4 5
1 31646 32760 33874 34988 36102 37216
2 32616 33789 34962 36135 37308 38481
3 33966 35190 36414 37638 38862 40086
4 35265 36556 37847 39138 40429 41720
5 36697 38054 39411 40768 42125 43482
6 38352 39778 41204 42630 44056 45482
7 40234 41720 43206 44692 46178 47664
8 42219 43762 45305 46848 48391 49934
9 44289 45898 47507 49116 50725 52334
10 46519 48212 49905 51598 53291 54984
11 48967 50729 52491 54253 56015 57777
12 51406 53244 55082 56920 58758 60596
13 54172 56092 58012 59932 61852 63772
14 56995 59008 61021 63034 65047 67060
15 59980 62074 64168 66262 68356 70450
16 63078 65265 67452 69639 71826 74013
17 66337 68641 70945 73249 75553 77857
18 69820 72240 74660 77080 79500 81920
19 73348 75876 78404 80932 83460 85988
20 76850 79490 82130 84770 87410 90050
21 80710 83463 86216 88969 91722 94475
22 84751 87667 90583 93499 96415 99331
23 89058 92056 95054 98052 101050 104048
24 93596 96706 99816 102926 106036 109146
25 98533 101777 105021 108265 111509 114753
LONG
MAX.
10-YR. 15-YR. 20-YR. 25-YR.
JOB PERF. LONG LONG LONG LONG
SG RATE ADV. STEP STEP STEP STEP
1 38330 1114 39994 41656 44880 46545
A. 9771 4
2 39654 1173 41415 43175 46492 48256
3 41310 1224 43146 44982 48378 50215
4 43011 1291 44943 46876 50363 52291
5 44839 1357 46871 48903 52492 54524
6 46908 1426 49048 51188 54887 57029
7 49150 1486 51375 53599 57382 59607
8 51477 1543 53788 56099 59970 62285
9 53943 1609 56362 58779 62753 65167
10 56677 1693 59211 61742 65830 68364
11 59539 1762 62176 64808 69008 71645
12 62434 1838 65192 67950 72269 75027
13 65692 1920 68564 71437 75872 78744
14 69073 2013 72083 75091 79664 82673
15 72544 2094 75679 78815 83511 86644
16 76200 2187 79478 82757 87589 90865
17 80161 2304 83609 87057 92064 95513
18 84340 2420 87964 91588 96776 100404
19 88516 2528 92301 96086 101428 105213
20 92690 2640 96652 100613 106129 110092
21 97228 2753 101357 105489 111171 115298
22 102247 2916 106613 110977 116900 121267
23 107046 2998 111543 116042 122097 126594
24 112256 3110 116917 121579 127803 132463
25 117997 3244 122859 127723 134140 139001
(3) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE:
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP
SG RATE 1 2 3 4 5
1 32279 33415 34551 35687 36823 37959
2 33268 34465 35662 36859 38056 39253
3 34645 35894 37143 38392 39641 40890
4 35970 37287 38604 39921 41238 42555
5 37431 38815 40199 41583 42967 44351
6 39119 40574 42029 43484 44939 46394
7 41039 42555 44071 45587 47103 48619
8 43063 44637 46211 47785 49359 50933
9 45175 46816 48457 50098 51739 53380
10 47449 49176 50903 52630 54357 56084
11 49946 51743 53540 55337 57134 58931
12 52434 54309 56184 58059 59934 61809
13 55255 57214 59173 61132 63091 65050
14 58135 60188 62241 64294 66347 68400
15 61180 63316 65452 67588 69724 71860
16 64340 66571 68802 71033 73264 75495
17 67664 70014 72364 74714 77064 79414
18 71216 73685 76154 78623 81092 83561
19 74815 77394 79973 82552 85131 87710
20 78387 81080 83773 86466 89159 91852
21 82324 85132 87940 90748 93556 96364
22 86446 89420 92394 95368 98342 101316
23 90839 93897 96955 100013 103071 106129
A. 9771 5
24 95468 98640 101812 104984 108156 111328
25 100504 103813 107122 110431 113740 117049
LONG
MAX.
10-YR. 15-YR. 20-YR. 25-YR.
JOB PERF. LONG LONG LONG LONG
SG RATE ADV. STEP STEP STEP STEP
1 39095 1136 40792 42488 45776 47474
2 40450 1197 42246 44041 47425 49224
3 42139 1249 44012 45884 49348 51222
4 43872 1317 45843 47814 51371 53338
5 45735 1384 47808 49880 53541 55614
6 47849 1455 50032 52215 55988 58172
7 50135 1516 52405 54673 58532 60801
8 52507 1574 54864 57221 61170 63531
9 55021 1641 57488 59954 64007 66469
10 57811 1727 60396 62977 67147 69732
11 60728 1797 63418 66102 70386 73076
12 63684 1875 66497 69310 73716 76529
13 67009 1959 69938 72869 77393 80322
14 70453 2053 73523 76591 81256 84325
15 73996 2136 77194 80392 85182 88378
16 77726 2231 81070 84414 89343 92684
17 81764 2350 85281 88798 93905 97423
18 86030 2469 89726 93423 98715 102415
19 90289 2579 94150 98010 103459 107320
20 94545 2693 98586 102626 108253 112295
21 99172 2808 103384 107598 113394 117603
22 104290 2974 108743 113195 119236 123690
23 109187 3058 113774 118363 124539 129126
24 114500 3172 119254 124009 130358 135111
25 120358 3309 125317 130279 136824 141782
(4) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO:
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP
SG RATE 1 2 3 4 5
1 32925 34084 35243 36402 37561 38720
2 33933 35154 36375 37596 38817 40038
3 35338 36612 37886 39160 40434 41708
4 36689 38032 39375 40718 42061 43404
5 38180 39592 41004 42416 43828 45240
6 39901 41385 42869 44353 45837 47321
7 41860 43406 44952 46498 48044 49590
8 43924 45530 47136 48742 50348 51954
9 46079 47753 49427 51101 52775 54449
10 48398 50160 51922 53684 55446 57208
11 50945 52778 54611 56444 58277 60110
12 53483 55396 57309 59222 61135 63048
13 56360 58358 60356 62354 64352 66350
14 59298 61392 63486 65580 67674 69768
15 62404 64583 66762 68941 71120 73299
A. 9771 6
16 65627 67903 70179 72455 74731 77007
17 69017 71414 73811 76208 78605 81002
18 72640 75159 77678 80197 82716 85235
19 76311 78942 81573 84204 86835 89466
20 79955 82702 85449 88196 90943 93690
21 83970 86834 89698 92562 95426 98290
22 88175 91209 94243 97277 100311 103345
23 92656 95775 98894 102013 105132 108251
24 97377 100613 103849 107085 110321 113557
25 102514 105889 109264 112639 116014 119389
LONG
MAX.
10-YR. 15-YR. 20-YR. 25-YR.
JOB PERF. LONG LONG LONG LONG
SG RATE ADV. STEP STEP STEP STEP
1 39879 1159 41610 43340 46694 48426
2 41259 1221 43091 44922 48374 50208
3 42982 1274 44892 46802 50335 52247
4 44747 1343 46757 48768 52396 54402
5 46652 1412 48766 50880 54614 56729
6 48805 1484 51032 53258 57107 59334
7 51136 1546 53451 55765 59701 62015
8 53560 1606 55964 58368 62396 64804
9 56123 1674 58639 61155 65289 67800
10 58970 1762 61607 64239 68493 71129
11 61943 1833 64687 67424 71794 74538
12 64961 1913 67830 70700 75194 78063
13 68348 1998 71336 74325 78940 81927
14 71862 2094 74993 78123 82881 86011
15 75478 2179 78740 82002 86888 90148
16 79283 2276 82694 86105 91132 94540
17 83399 2397 86986 90574 95783 99371
18 87754 2519 91524 95295 100693 104467
19 92097 2631 96035 99972 105530 109469
20 96437 2747 100559 104680 110419 114542
21 101154 2864 105450 109749 115660 119954
22 106379 3034 110921 115462 121624 126167
23 111370 3119 116049 120730 127029 131708
24 116793 3236 121642 126492 132968 137816
25 122764 3375 127822 132883 139559 144616
§ 2. Subdivision 2 of section 207-d of the state finance law, as
amended by section 2 of part VV of chapter 55 of the laws of 2021, is
amended to read as follows:
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
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
A. 9771 7
negotiating unit covered by the controlling provision of such agreement
or award providing for such employee benefit fund, such amount to be
determined 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 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 seven-
teen, and on the payroll on March first, two thousand eighteen for
payments to be made on April first, two thousand eighteen] ON THE
PAYROLL ON MARCH FIRST, TWO THOUSAND NINETEEN FOR PAYMENTS TO BE MADE ON
APRIL FIRST, TWO THOUSAND NINETEEN, ON THE PAYROLL ON MARCH FIRST, TWO
THOUSAND TWENTY FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
TWENTY, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND TWENTY-ONE FOR
PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWENTY-ONE, AND ON THE
PAYROLL ON MARCH FIRST, TWO THOUSAND TWENTY-TWO FOR PAYMENTS TO BE
MADE ON APRIL FIRST, TWO THOUSAND TWENTY-TWO. 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 appropriations
as provided by law, in which case the comptroller will establish proce-
dures 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. Paragraph 1 of subdivision j of section 41 of the retirement and
social security law, as amended by chapter 18 of the laws of 2012, is
amended to read as follows:
1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be considered in meeting any
service or age requirements prescribed in this chapter, and (c) be
considered in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated the
professional, scientific and technical services unit, the rent regu-
lation services negotiating unit, the security services negotiating
unit, the security supervisors negotiating unit, the state university
professional services negotiating unit, the administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit AND, EFFECTIVE ON AND AFTER JUNE TWENTY-SEV-
ENTH, TWO THOUSAND SEVENTEEN FOR THE AGENCY POLICE SERVICES UNIT such
service credit limitation provided in subparagraph (a) of this paragraph
shall not exceed two hundred days. For a nonjudicial officer or employ-
ee of the unified court system not in a collective negotiating unit or
in a collective negotiating unit specified in section one of chapter two
hundred three of the laws of two thousand four, for employees of the New
York state dormitory authority, for employees of the New York state
thruway authority, the New York state canal corporation and the state
A. 9771 8
university construction fund and for employees of the New York liqui-
dation bureau such service credit limitation provided in subparagraph
(a) of this paragraph shall not exceed two hundred days. For members who
first become members of a public retirement system of the state on or
after April first, two thousand twelve, such credit shall not exceed one
hundred days.
§ 4. Paragraph 1 of subdivision j of section 341 of the retirement and
social security law, as amended by chapter 244 of the laws of 2002, is
amended to read as follows:
1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be considered in meeting any
service or age requirements prescribed in this chapter, and (c) be
considered in computing final average salary. However, for a member of
the collective negotiating units established by article fourteen of the
civil service law designated the security services negotiating unit
[and], the security supervisors negotiating unit AND EFFECTIVE ON AND
AFTER JUNE TWENTY-SEVENTH, TWO THOUSAND SEVENTEEN, THE AGENCY POLICE
SERVICES UNIT such service credit limitation provided in subparagraph
(a) of this paragraph shall not exceed two hundred days.
§ 5. Compensation for members of the collective negotiating unit
designated as agency police services unit pursuant to an agreement
between the state of New York and the employee organization representing
such individuals 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 offi-
cers and employees in the collective negotiating unit designated as the
agency police services unit established pursuant to article 14 of the
civil service law.
2. Effective April 1, 2019, 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, 2019 shall be increased by two percent.
3. Effective April 1, 2020, 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, 2020 shall be increased by two percent.
4. Effective April 1, 2021, 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, 2021 shall be increased by two percent.
5. Effective April 1, 2022, 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, 2022 shall be increased by two percent.
6. Advancement within salary grade. Payments pursuant to the
provisions of subdivision 6 of section 131 of the 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
A. 9771 9
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 longev-
ity step or the twenty-five-year longevity step of his or her position
on the effective 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, the fifteen-year longevity step, the twenty-year longev-
ity step or the twenty-five-year longevity step, respectively, of such
salary grade as contained in the appropriate salary schedule in subpara-
graphs (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 subdivisions 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
salary otherwise provided for such position shall be increased in the
same manner as though such position had been in existence but unencum-
bered. Notwithstanding the provisions of this section, the director of
the budget 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 or
twelve of this section shall not apply to employees serving on an hour-
ly, 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
adjustments are made pursuant to the provisions of this subdivision, and
a copy of each such certificate shall be filed with the state comp-
troller, the department of civil service, the chairman of the senate
finance committee and the chairman of the assembly ways and means
committee.
A. 9771 10
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
director of employee relations, such increase is not warranted or is not
appropriate.
§ 6. 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
pursuant to subdivision 5 of section 134 of the civil service law, shall
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.
§ 7. Clothing allowance. Effective April 1, 2019, 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.
§ 8. 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,
2019, all members of this unit who are full-time annual salaried employ-
A. 9771 11
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 fifteen hundred
twenty dollars. Effective April 1, 2020, this amount shall increase to
fifteen hundred fifty dollars. Effective April 1, 2021, this amount
shall increase to fifteen hundred eighty-one dollars. Effective April 1,
2022, the amount shall increase to sixteen hundred thirteen 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
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. 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 employ-
ee, whose official station is determined in accordance with the regu-
lations 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/
Dutchess Westchester Suffolk
Effective April 1, 2019 $1,266 $1,900 $2,217
Effective April 1, 2020 $1,291 $1,938 $2,261
Effective April 1, 2021 $1,317 $1,977 $2,306
Effective April 1, 2022 $1,343 $2,017 $2,352
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 twen-
ty-six payroll periods in each fiscal year.
§ 10. Expanded duty pay. Pursuant to the terms of an agreement or
award covering members of the agency police services collective negoti-
ating 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,
2019, shall continue to receive expanded duty pay in the amount of three
thousand eight hundred and twenty-five dollars. Effective April 1, 2022,
this amount shall increase to five thousand 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
A. 9771 12
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. Effective with the first academy class enrolled subsequent
to ratification of the 2019-2023 collective bargaining agreement,
expanded duty pay shall not be paid to such individuals until the begin-
ning of the first pay period following their one-year anniversary of
employment.
§ 11. Marine/off-road enforcement 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, 2019, all members of this unit who are employed by the office
of parks, recreation and historic preservation or the department of
environmental 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 twenty-six payroll periods in each fiscal year. Effective with the
first academy class enrolled subsequent to ratification of the 2019-2023
collective bargaining agreement, marine/off-road enforcement pay shall
not be paid to such individuals until the beginning of the first pay
period following their one-year anniversary of employment.
§ 12. Hazardous material pay. 1. 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,
2019, 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. Hazard-
ous 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 material 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. Effective with the first academy class enrolled
subsequent to ratification of the 2019-2023 collective bargaining agree-
ment, hazardous material pay shall not be paid to such individuals until
the beginning of the first pay period following their one-year anniver-
sary of employment.
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
A. 9771 13
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. Effective with the first academy class enrolled
subsequent to ratification of the 2019-2023 collective bargaining agree-
ment, hazardous material/fire management/search and rescue pay shall not
be paid to such individuals until the beginning of the first pay period
following their one-year anniversary of employment.
§ 13. Effective with the first academy class enrolled subsequent to
ratification of the 2019-2023 collective bargaining agreement, the two
hundred dollar payment to individuals who complete their initial train-
ing shall be eliminated.
§ 14. Fifteen years of service pay. Notwithstanding any provision of
law to the contrary, pursuant to the terms of the agreement negotiated
between the state and the employee organization representing the agency
police services unit, effective April 1, 2021, all members of the unit
who have fifteen years of service in the agency police services unit,
including service in any predecessor units, shall receive a payment of
twelve hundred dollars. Such payment shall be annualized and paid
during regular bi-weekly periods. Such payment shall be in addition to,
and shall not be a part of, a member's annual basic salary, and shall
not affect or impair any increments or other rights or benefits to which
the member may be entitled; provided, however, that the payment shall be
included as compensation for purposes of computation of overtime pay and
for retirement purposes. Such amount shall also be included for such
eligible employees in the calculation of premium pay for those members
who receive such pay.
§ 15. 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, 2019, 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 retire-
ment purposes.
§ 16. During the period April 1, 2019 through March 31, 2023 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
collective 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 recommenda-
tions concerning major issues of employee assistance, performance evalu-
ation, education and training, quality of work life, health benefits,
and provide for the implementation of the terms of agreements of such
committees.
§ 17. 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
A. 9771 14
collective negotiating unit designated as the agency police services
unit established pursuant to article 14 of the civil service law.
§ 18. Notwithstanding any provision of law, rule or regulation to the
contrary, and where and to the extent an agreement negotiated between
the state and the employee organization representing employees in the
agency police services collective negotiating unit established pursuant
to article 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.
§ 19. 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 estab-
lished pursuant to article 14 of the civil service law who are full-time
annual salaried employees and are police officers pursuant to subdivi-
sion 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 reclassification, reallocation, appointment, promotion,
transfer, demotion, reinstatement, or other change of status, such sala-
ry 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 twenty of this act.
§ 20. 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, 2019, 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. Notwithstanding 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.
§ 21. 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, 2022 by the provisions of this act for
any state department or agency from any appropriation or other funds
A. 9771 15
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 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 appropri-
ations available in any fund, the amounts necessary to pay such amounts.
The aforementioned appropriations shall be available for payment of any
liabilities or obligations incurred prior to April 1, 2022, in addition
to current liabilities.
§ 22. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of thirty-four million
dollars ($34,000,000) is hereby appropriated in the general fund/state
purposes account (10050) in miscellaneous-all state departments and
agencies solely for apportionment/transfer by the director of the budget
for use by any state department or agency in any fund for the period
April 1, 2019 through March 31, 2023 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
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, 2019 through March 31, 2023. For this purpose, the
monies appropriated shall remain in full force and effect for the
payment of liabilities incurred on or before March 31, 2023.
§ 23. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the several amounts as herein-
after 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 period April 1, 2019 through March 31, 2023 to supple-
ment 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, 2019 through March 31, 2023. 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 the director of employee relations has delivered notice to the
director of the budget and the comptroller a letter certifying 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 writ-
ing with the state pursuant to article 14 of the civil service law.
ALL STATE DEPARTMENTS AND AGENCIES
SPECIAL PAY BILLS
General Fund / State Operations
State Purposes Account - 003
A. 9771 16
NONPERSONAL SERVICE
Joint committee on health benefits ............... $18,000
Contract administration .......................... $30,000
Education and Training ........................... $99,000
Education and Training - Management Directed ..... $61,000
Employee Assistance Program ...................... $15,000
Organizational Alcohol Program ................... $24,000
Legal Defense Fund ............................... $10,000
Quality of Work Life Initiatives ................. $73,000
Employee Benefit Fund ........................... $218,000
§ 24. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019. Appro-
priations made by this act shall remain in full force and effect for
liabilities incurred through March 31, 2023.
----------------------------------
REPEAL NOTE: Subparagraphs 1, 2, 3 and 4 of paragraph h of subdivision
1 of section 130 of the civil service law are REPEALED by section 1 of
this act and are replaced with new subparagraphs 1, 2, 3 and 4.
PART B
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE STATE OF NEW YORK AND THE DISTRICT COUNCIL 37 RENT REGULATION
SERVICES UNIT
FOR 2021 - 2023
Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdivi-
sion 1 of section 130 of the civil service law are REPEALED and two new
subparagraphs 1 and 2 are added to read as follows:
(1) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE:
SG HR STEP STEP STEP STEP STEP STEP JR INCR JR
1 2 3 4 5 6 INCR
1 25825 26696 27567 28438 29309 30180 31051 31922 871 871
2 26811 27725 28639 29553 30467 31381 32295 33216 914 921
3 28150 29106 30062 31018 31974 32930 33886 34835 956 949
4 29379 30390 31401 32412 33423 34434 35445 36456 1011 1011
5 30785 31844 32903 33962 35021 36080 37139 38198 1059 1059
6 32507 33607 34707 35807 36907 38007 39107 40214 1100 1107
7 34304 35458 36612 37766 38920 40074 41228 42389 1154 1161
8 36239 37438 38637 39836 41035 42234 43433 44625 1199 1192
9 38257 39510 40763 42016 43269 44522 45775 47028 1253 1253
10 40446 41760 43074 44388 45702 47016 48330 49637 1314 1307
11 42792 44171 45550 46929 48308 49687 51066 52438 1379 1372
12 45241 46668 48095 49522 50949 52376 53803 55223 1427 1420
13 47923 49416 50909 52402 53895 55388 56881 58374 1493 1493
14 50697 52251 53805 55359 56913 58467 60021 61575 1554 1554
15 53641 55260 56879 58498 60117 61736 63355 64981 1619 1626
16 56646 58340 60034 61728 63422 65116 66810 68511 1694 1701
17 59834 61624 63414 65204 66994 68784 70574 72364 1790 1790
18 60069 62129 64189 66249 68309 70369 72429 76387 2060 3958
19 63325 65472 67619 69766 71913 74060 76207 80429 2147 4222
20 66566 68808 71050 73292 75534 77776 80018 84450 2242 4432
21 70094 72430 74766 77102 79438 81774 84110 88877 2336 4767
A. 9771 17
22 73863 76298 78733 81168 83603 86038 88473 93519 2435 5046
23 77771 80304 82837 85370 87903 90436 92969 98372 2533 5403
24 81912 84546 87180 89814 92448 95082 97716 103405 2634 5689
25 86432 89177 91922 94667 97412 100157 102902 108935 2745 6033
26 90984 93839 96694 99549 102404 105259 108114 114357 2855 6243
27 95910 98917 101924 104931 107938 110945 113952 120454 3007 6502
28 100959 104083 107207 110331 113455 116579 119703 126437 3124 6734
29 106252 109494 112736 115978 119220 122462 125704 132689 3242 6985
30 111803 115166 118529 121892 125255 128618 131981 139202 3363 7221
31 117762 121252 124742 128232 131722 135212 138702 146179 3490 7477
32 124025 127631 131237 134843 138449 142055 145661 153401 3606 7740
(2) EFFECTIVE APRIL SIXTH, TWO THOUSAND TWENTY-TWO:
SG HR STEP STEP STEP STEP STEP STEP JR INCR JR
1 2 3 4 5 6 INCR
1 26342 27231 28120 29009 29898 30787 31676 32558 889 882
2 27347 28279 29211 30143 31075 32007 32939 33878 932 939
3 28713 29688 30663 31638 32613 33588 34563 35531 975 968
4 29967 30998 32029 33060 34091 35122 36153 37184 1031 1031
5 31401 32481 33561 34641 35721 36801 37881 38961 1080 1080
6 33157 34279 35401 36523 37645 38767 39889 41018 1122 1129
7 34990 36167 37344 38521 39698 40875 42052 43236 1177 1184
8 36964 38187 39410 40633 41856 43079 44302 45518 1223 1216
9 39022 40300 41578 42856 44134 45412 46690 47968 1278 1278
10 41255 42595 43935 45275 46615 47955 49295 50628 1340 1333
11 43648 45055 46462 47869 49276 50683 52090 53490 1407 1400
12 46146 47601 49056 50511 51966 53421 54876 56324 1455 1448
13 48881 50404 51927 53450 54973 56496 58019 59542 1523 1523
14 51711 53296 54881 56466 58051 59636 61221 62806 1585 1585
15 54714 56366 58018 59670 61322 62974 64626 66278 1652 1652
16 57779 59507 61235 62963 64691 66419 68147 69882 1728 1735
17 61031 62857 64683 66509 68335 70161 71987 73813 1826 1826
18 61270 63372 65474 67576 69678 71780 73882 77912 2102 4030
19 64592 66782 68972 71162 73352 75542 77732 82036 2190 4304
20 67897 70184 72471 74758 77045 79332 81619 86140 2287 4521
21 71496 73879 76262 78645 81028 83411 85794 90657 2383 4863
22 75340 77823 80306 82789 85272 87755 90238 95392 2483 5154
23 79326 81910 84494 87078 89662 92246 94830 100342 2584 5512
24 83550 86237 88924 91611 94298 96985 99672 105472 2687 5800
25 88161 90961 93761 96561 99361 102161 104961 111111 2800 6150
26 92804 95716 98628 101540 104452 107364 110276 118931 2912 8655
27 97828 100895 103962 107029 110096 113163 116230 125272 3067 9042
28 102978 106165 109352 112539 115726 118913 122100 131494 3187 9394
29 108377 111684 114991 118298 121605 124912 128219 137997 3307 9778
30 114039 117470 120901 124332 127763 131194 134625 144770 3431 10145
31 120117 123677 127237 130797 134357 137917 141477 152026 3560 10549
32 126506 130184 133862 137540 141218 144896 148574 159537 3678 10963
§ 2. Compensation for certain state officers and employees in collec-
tive negotiating units.
1. The provisions of this section shall apply to full-time officers
and employees in the collective negotiating unit designated as the rent
regulation services negotiating unit.
2. Effective April 1, 2021, the basic annual salary of officers and
employees in full-time employment status on the day before such payroll
A. 9771 18
period shall be increased by two percent adjusted to the nearest whole
dollar amount.
3. Effective April 6, 2022, 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. Notwithstanding the provisions of subdivisions two and three 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, job rate, or step 1, 2, 3, 4, 5, or 6 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, step 1, 2, 3, 4, 5, 6, or job rate, respectively, of such
salary grade as contained in the appropriate salary schedules in subpar-
agraphs 1 and 2 of paragraph e 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 and 2 of such paragraph,
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 subdivisions two and three of this section.
5. Advancement within salary grade. Payments pursuant to the
provisions of subdivision 6 of section 131 of the civil service law for
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 in
the collective negotiating unit designated as the rent regulation
services negotiating unit.
6. 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.
7. The increases in salary provided in subdivisions two and three 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 subdivisions four
and five of this section shall not apply to employees serving on a
seasonal basis, except as determined by the director of the budget.
8. In order to provide for the officers and employees to whom this
section applies who are not allocated to salary grades, increases and
payments pursuant to this section in proportion to those provided to
persons to whom this section applies who are allocated to salary grades,
the director 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
A. 9771 19
each such certificate shall be filed with the state comptroller, the
state department of civil service, the chairman of the senate finance
committee and the chairman of the assembly ways and means committee.
9. Notwithstanding any of the foregoing provisions of this section,
the provisions of this section shall not apply to officers or employees
paid on a fee schedule basis.
10. Notwithstanding any of the foregoing provisions of this section
except subdivision 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 subdivi-
sion shall be determined on the basis of such lower graded position
provided, however, that the increases in salary provided in subdivisions
two and three of this section shall not cause such officer's or employ-
ee's salary to exceed the job rate of such lower graded position.
11. 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 provisions of this
section are applicable when, in the opinion of the director of the budg-
et and the director of employee relations, such increase is not
warranted or is not appropriate for any reason.
§ 3. Location compensation for certain state officers and employees in
collective negotiating units. Notwithstanding any inconsistent
provisions of law, officers and employees, 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 rent
regulation services negotiating unit, whose principal place of employ-
ment or, in the case of a field employee, whose official station as
determined in accordance with the regulations of the comptroller, is
located 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 annual rate of three thousand twenty-six dollars. 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 advancements 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.
§ 4. Notwithstanding any inconsistent provision of law, where and to
the extent that any agreement between the state and an employee organ-
ization 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 rent regulation services negotiating unit, 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.
§ 5. 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 31 and 33 of the collective negotiating
agreement between the state and the employee organization representing
A. 9771 20
the collective negotiating unit designated as the rent regulation
services negotiating unit.
§ 6. During the period April 2, 2021 through April 1, 2023, there
shall be labor-management committees continued, administered and created
pursuant to the terms of the agreement negotiated between the state and
an employee organization representing employees in the collective nego-
tiating unit designated as the rent regulation services negotiating unit
established pursuant to article 14 of the civil service law which shall,
after April 2, 2021, have the responsibility for discussing and attempt-
ing to resolve matters of mutual concern and implementing any agreements
reached.
§ 7. The salary increases, benefit modifications, and any other
modifications to the terms and conditions of employment provided for by
this act for state employees in the collective negotiating unit desig-
nated as the rent regulations services negotiating unit established
pursuant to article 14 of the civil service law shall not be implemented
until the director of employee relations shall have delivered to the
director of the budget and the comptroller a letter certifying 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.
§ 8. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2022 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 depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.
§ 9. 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.
§ 10. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act, or any other law, 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 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,
2021, until the time when basic annual salaries are first paid pursuant
to this act for such services 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 services and the compensation actually received therefor. Such lump
sum payment shall be made as soon as practicable.
§ 11. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of two million, four
hundred thousand dollars ($2,400,000) is hereby appropriated in the
A. 9771 21
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, 2021 through March 31, 2023 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 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 state fiscal year
commencing April 1, 2021 through March 31, 2023. For this purpose, these
appropriations shall remain in full force and effect for the payment of
liabilities incurred on or before March 31, 2023.
§ 12. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the several amounts as herein-
after 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, 2021 through March 31,
2023 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. The monies hereby appropri-
ated are available for payment of any liabilities or obligations
incurred prior to or during the state fiscal year commencing April 1,
2021 through March 31, 2023. 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 chair
of the senate finance committee, and the chair of the assembly ways and
means committee.
ALL STATE DEPARTMENTS AND AGENCIES
SPECIAL PAY BILLS
General Fund/State Operations
State Purposes Account - 003
Non-Personal Service
Joint Committee on Health Benefits ............... $12,000
Employee Assistance Program/Work-Life
Services/Family Benefits ....................... $32,000
Employee Development and Training ............... $158,000
Statewide Performance Rating Committee ............ $3,000
Time & Attendance Umpire Process Admin ............ $3,000
Disciplinary Panel Administration ................. $3,000
Contract Administration ........................... $3,000
Employee Benefit Fund ........................... $705,000
§ 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 2, 2021. Appropri-
ations made by this act shall remain in full force and effect for
liabilities incurred through March 31, 2023.
--------------------------
A. 9771 22
REPEAL NOTE: Subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdivi-
sion 1 of section 130 of the civil service law are REPEALED by section 1
of this act and are replaced with new subparagraphs 1 and 2.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or 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, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that 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 dates of Parts A and B of this act shall be as
specifically set forth in the last section of such Parts.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow members of the New York State and Local Police
and Fire Retirement System (NYSLPFRS), represented by the Agency Police
Services negotiating unit, to receive service credit for up to 200 days
of unused sick leave. Currently, the maximum is 165 days. This would be
retroactive to include retirements on or after July 27, 2017.
If this bill is enacted during the 2022 legislative session, we antic-
ipate that there may occasionally be years where the annual sick leave
rate in the NYSLPFRS increases by 0.1% as a result of this legislation,
but such years are expected to be rare. Employees represented by the
Agency Police Services negotiating unit are members of the NYSLPFRS only
so there will not be any increases in the sick leave rates for the New
York State and Local Employees' Retirement System (NYSLERS) as a result
of this legislation.
There would also be additional administrative costs to review the
retirements since July 27, 2017 and recalculate the benefits of those
affected.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2021
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 29, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-95, prepared by
the Actuary for the New York State and Local Retirement System.