A. 7767 2
incumbents at the state university of New York at Binghamton, the
colleges of technology and the agriculture and technology colleges here-
tofore specifically identified by the department of audit and control,
for the purpose of establishing the effective date of eligibility for
salary increases shall be granted said salary increase commencing the
first day of the payroll period closest to July 2, 2022. Notwithstand-
ing the above provisions of this subdivision, for employees having an
academic year professional obligation and who are in a 21 pay period
status, for the purpose of establishing the effective date of eligibil-
ity for salary increase, shall be granted said salary increase effective
August 18, 2022.
2. The basic annual salaries as of June 30, 2023, of incumbents in
positions in the professional service in the state university in the
professional services unit, other than positions described in subdivi-
sion fourteen of this section, shall be increased by 3 percent, adjusted
to the nearest whole dollar amount (a) commencing the first day of the
payroll period closest to July 1, 2023, for employees having a calendar
year or college year professional obligation, or (b) commencing the
first day of the payroll period closest to September 1, 2023, for
employees having an academic year professional obligation, except that
certain incumbents at the state university of New York at Binghamton,
the colleges of technology and the agriculture and technology colleges
heretofore specifically identified by the department of audit and
control for the purpose of establishing the effective date of eligibil-
ity for salary increases, shall be granted said salary increase commenc-
ing the first day of the payroll period closest to July 1, 2023.
Notwithstanding the above provisions of this subdivision, employees
having an academic year professional obligation and who are in a 21 pay
period status, for the purpose of establishing the effective date of
eligibility for salary increases, shall be granted said salary increase
effective August 17, 2023.
3. The basic annual salaries as of June 30, 2024, of incumbents in
positions in the professional service in the state university in the
professional services unit, other than positions described in subdivi-
sion fourteen of this section, shall be increased by 3 percent, adjusted
to the nearest whole dollar amount (a) commencing the first day of the
payroll period closest to July 1, 2024, for employees having a calendar
year or college year professional obligation, or (b) commencing the
first day of the payroll period closest to September 1, 2024, for
employees having an academic year professional obligation, except that
certain incumbents at the state university of New York at Binghamton,
the colleges of technology and the agriculture and technology colleges
heretofore specifically identified by the department of audit and
control for the purpose of establishing the effective date of eligibil-
ity for salary increases, shall be granted said salary increase commenc-
ing the first day of the payroll period closest to July 1, 2024.
Notwithstanding the above provisions of this subdivision, employees
having an academic year professional obligation and who are in a 21 pay
period status, for the purpose of establishing the effective date of
eligibility for salary increases, shall be granted said salary increase
effective August 15, 2024.
4. The basic annual salaries as of June 30, 2025, of incumbents in
positions in the professional service in the state university in the
professional services unit, other than positions described in subdivi-
sion fourteen of this section, shall be increased by 3 percent, adjusted
to the nearest whole dollar amount (a) commencing the first day of the
A. 7767 3
payroll period closest to July 1, 2025, for employees having a calendar
year or college year professional obligation, or (b) commencing the
first day of the payroll period closest to September 1, 2025, for
employees having an academic year professional obligation, except that
certain incumbents at the state university of New York at Binghamton,
the colleges of technology and the agriculture and technology colleges
heretofore specifically identified by the department of audit and
control for the purpose of establishing the effective date of eligibil-
ity for salary increases, shall be granted said salary increase commenc-
ing the first day of the payroll period closest to July 1, 2025.
Notwithstanding the above provisions of this subdivision, employees
having an academic year professional obligation and who are in a 21 pay
period status, for the purpose of establishing the effective date of
eligibility for salary increase, shall be granted said salary increase
effective August 14, 2025.
5. Notwithstanding the provisions of subdivision one, two, three, or
four of this section, an employee in service on April 30 of 2022, 2023,
2024, or 2025, whose employment expired prior to July 2, 2022 or July 1,
2023, 2024, or 2025, respectively, and who would have been eligible for
the salary increase provided for in subdivision one, two, three, or four
of this section if the employee's employment had continued through July
2 or July 1 of that year, as appropriate, shall be eligible for the
salary increase provided for in subdivision one, two, three, or four of
this section if the employee is reemployed in an equivalent position for
at least one semester or the equivalent of the twelve-month period
commencing on July 2 or July 1 of such year, as appropriate.
6. Notwithstanding the provisions of subdivision one, two, three, or
four of this section, an employee in service during a portion of the
twelve-month period commencing on July 1 of 2021, 2022, 2023, or 2024,
for at least one semester or the equivalent, but whose employment
expired prior to July 1 of the following year, shall be eligible for the
salary increase provided for such year in subdivision one, two, three,
or four of this section if the employee is reemployed in an equivalent
position for at least one semester or the equivalent of the twelve-month
period commencing on July 1 of such following year.
7. The provisions of this subdivision shall apply to incumbents in
positions in the professional services unit, other than positions
described in subdivision thirteen of this section.
(a) Pursuant to the terms of the agreement, for the year 2023, incum-
bents on the payroll on June 30, 2023 and at the time of payment shall
be paid a lump sum payment in the amount of 400 dollars. Part-time
employees shall be eligible for the lump sum payment of 400 dollars, at
a pro-rated amount, pursuant to the terms of the agreement. Incumbents
on the payroll on June 30, 2023 shall include those part-time employees
in service on April 30, 2023, but whose employment expired prior to July
1, 2023. Such lump sum payments shall be added to basic annual salary
and shall be payable not later than December 31, 2023.
(b) Pursuant to the terms of the agreement, for the year 2024, there
shall be available an amount equal to .5 percent (.5%) of the total of
the basic annual salaries on June 30, 2024 to whom the provisions of
this subdivision apply, for distribution to such incumbents as payments
made by the state university trustees in their discretion. Such payments
as described in this paragraph shall be made to incumbents on the
payroll on June 30, 2024 and at the time of payment and shall occur not
later than December 31, 2024. Such payments shall be a part of an
employee's basic annual salary. The total of the basic annual salaries
A. 7767 4
on June 30, 2024 shall include the total salaries of part-time employees
in service on April 30, 2024, but whose employment expires prior to July
1, 2024. If the part-time faculty employee is reemployed prior to the
distribution of the pool, the employee will be eligible for a discre-
tionary increase at the discretion of the state university trustees.
(c) Pursuant to the terms of the agreement, for the year 2025, there
shall be available an amount equal to .5 percent (.5%) of the total of
the basic annual salaries on June 30, 2025 to whom the provisions of
this subdivision apply, for distribution to such incumbents as payments
made by the state university trustees in their discretion. Such payments
as described in this paragraph shall be made to incumbents on the
payroll on June 30, 2025 and at the time of payment and shall occur not
later than December 31, 2025. Such payments shall be a part of an
employee's basic annual salary. The total of the basic annual salaries
on June 30, 2025 shall include the total salaries of part-time employees
in service on April 30, 2025, but whose employment expires prior to July
1, 2025. If the part-time faculty employee is reemployed prior to the
distribution of the pool, the employee will be eligible for a discre-
tionary increase at the discretion of the state university trustees.
(d) Pursuant to the terms of the agreement, for the year 2026, there
shall be available an amount equal to .5 percent (.5%) of the total of
the basic annual salaries on June 30, 2026 to whom the provisions of
this subdivision apply, for distribution to such incumbents as payments
made by the state university trustees in their discretion. Such payments
as described in this paragraph shall be made to incumbents on the
payroll on June 30, 2026 and at the time of payment and shall occur not
later than December 31, 2026. Such payments shall be a part of an
employee's basic annual salary. The total of the basic annual salaries
on June 30, 2026 shall include the total salaries of part-time employees
in service on April 30, 2026, but whose employment expires prior to July
1, 2026. If the part-time faculty employee is reemployed prior to the
distribution of the pool, the employee will be eligible for a discre-
tionary increase at the discretion of the state university trustees.
8. Location compensation of certain incumbents in positions in the
professional service of the state university. (a) Employees in positions
in the professional services unit who are full-time employees and whose
work station is: (i) in the city of New York, or in the county of
Suffolk, Nassau, Rockland or Westchester, shall continue to be entitled
to location pay at the annual rate of 3,026 dollars effective January 1,
2009 increasing to 3,087 dollars effective July 1, 2023 and increasing
to 3,400 dollars effective July 1, 2024 and increasing to 4,000 dollars
effective July 1, 2025, or (ii) in the county of Dutchess, Putnam or
Orange shall continue to be entitled to location pay at the annual rate
of 1,513 dollars effective January 1, 2009 increasing to 1,543 dollars
effective July 1, 2023 and increasing to 1,650 dollars effective July 1,
2024 and increasing to 2,000 dollars effective July 1, 2025.
(b) Payments made under paragraph (a) of this subdivision shall be
paid biweekly and shall be in addition to and not part of the basic
annual salary of such employees, provided, however, that any amount
payable pursuant to this subdivision shall be included as compensation
for retirement purposes.
(c) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, a full-time employee on an authorized leave of absence who is
receiving a part-time salary, but who would have been otherwise eligible
for the location compensation set forth in paragraph (a) of this subdi-
vision, shall be eligible for such location compensation, on a pro-rated
A. 7767 5
basis, and shall be paid the appropriately pro-rated amount of the
location compensation, which pro-rated amount shall be consistent with
the part-time salary of that employee.
9. (a) Pursuant to the terms of the agreement, full-time employees in
the professional services unit who have been granted permanent or
continuing appointment at the campus at which they currently are
employed, or full-time employees who have been granted a second five-
year term appointment at the campus at which they are currently employed
under Article XI, Appendix A of the policies of the board of trustees of
the state university of New York, shall receive a one-time advance to
basic annual salary of 500 dollars. Employees who have completed seven
consecutive years of full-time service at the campus at which they are
currently employed in the title of Lecturer or in any of the titles
listed in Article XI, Appendix B, Section 4 - Division III Sports, or
Article XI, Appendix C, shall receive a one-time advance to basic annual
salary of 500 dollars.
(b) Pursuant to the terms of the agreement, commencing July 1, 2024,
full-time employees who have been granted permanent or continuing
appointment by the Chancellor, at the campus at which they are currently
employed, or a second five-year term appointment, at the campus at which
they are currently employed in titles listed in Article Xl, Appendix A
of the Policies, shall receive a one-time advance to basic annual salary
of $1,000 (employees who previously received $500 under paragraph (a) of
this subdivision shall only receive an additional $500). Employees who
have completed seven consecutive years of full-time service at the
campus at which they are currently employed in the title of Lecturer, in
any qualified academic rank title, or in any of the titles listed in
Article XI, Appendix B, Section 4-Division III Sports, or Article XI,
Appendix C shall receive a one-time advance to basic annual salary of
$1,000 (employees who previously received $500 under paragraph (a) of
this subdivision shall only receive an additional $500).
(c) Pursuant to the terms of the agreement, commencing July 1, 2025,
full-time employees who have received a payment pursuant to paragraph
(a) or (b) of this subdivision and who have completed twelve consecutive
years of full-time service at the campus at which they are currently
employed shall receive a one-time advance to basic annual salary of
$800.
(d) Pursuant to the terms of the agreement, part-time employees in the
professional services unit who have completed at least eight years of
consecutive service at the campus at which they are currently employed,
shall receive a lump sum payment in the amount of $500. Such payment
shall be in addition to and shall not be a part of an employee's basic
annual salary, provided, however, that such payment shall be included as
compensation for retirement purposes. Pursuant to the terms of the
agreement, part-time employees are eligible to receive this payment
every eight years thereafter of consecutive service at the campus at
which they are currently employed. In no event shall a part-time employ-
ee be eligible for a service award, as described in this paragraph, more
than once every eight years.
10. Minimum basic annual salary. (a) This subdivision shall apply to
employees in the professional services unit, except those who are not
paid on the basis of a basic annual salary.
(b) The basic annual salary minimums as of June 30, 2022, as provided
for in the agreement, shall be increased as provided for in the agree-
ment, on the dates of the salary increase provided for in subdivision
one of this section.
A. 7767 6
(c) The basic annual salary minimums as of June 30, 2023, as provided
for in the agreement, shall be increased as provided for in the agree-
ment, on the dates of the salary increase provided for in subdivision
two of this section.
(d) The basic annual salary minimums as of June 30, 2024, as provided
for in the agreement, shall be increased as provided for in the agree-
ment, on the dates of the salary increase provided for in subdivision
three of this section.
(e) The basic annual salary minimums as of June 30, 2025, as provided
for in the agreement, shall be increased as provided for in the agree-
ment, on the dates of the salary increase provided for in subdivision
four of this section.
(f) A part-time employee who is paid on the basis of a pro-rated basic
annual salary and who, if employed on a full-time basis, would be eligi-
ble to be paid a minimum basic annual salary, shall be paid a minimum
basic annual salary which shall be the appropriately pro-rated amount of
the minimum basic annual salary that would have been paid to the employ-
ee had the employee been employed on a full-time basis.
(g) Notwithstanding the provisions of subdivision one of this section,
incumbents to whom the provisions of subdivisions one, two, three, and
four of this section apply shall receive an increase in salary as set
forth in subdivisions one, two, three, and four of this section or the
minimum basic annual salary in force, as provided for in the agreement,
for the rank or grade in which such incumbent serves, whichever is
greater.
(h) An incumbent promoted on or after the effective dates, appropriate
to the incumbent's professional obligation or the incumbent's date of
eligibility for salary increases, of the salary increases provided for
in subdivisions one, two, three, and four of this section shall receive
not less than the minimum basic annual salary provided for in the agree-
ment for the rank or grade to which the incumbent has been promoted.
(i) An employee hired on or after the effective dates, appropriate to
the employee's professional obligation or the employee's date of eligi-
bility for salary increases, of the salary increases provided for in
subdivisions one, two, three, and four of this section shall receive not
less than the minimum basic annual salary for the employee's rank or
grade provided for in the agreement on the date the employee is placed
in payroll status.
11. Part-time academic faculty minimum salary. (a) This subdivision
shall apply to part-time academic employees in the professional services
unit, except those who are paid on an hourly basis or on the basis of a
basic annual salary.
(b) Pursuant to the terms of the agreement, salary minimums shall be
established for part-time academic employees not paid on an hourly basis
or on the basis of a basic annual salary, per three credit course. The
credit hour equivalent for contact hours and other credit equivalencies
will be determined by management based on the practice at each individ-
ual campus.
(c) Effective the semester beginning after July 1, 2022, as provided
for in the agreement, the minimum salary for university centers shall be
increased to 3,750 dollars, and the minimum salary for comprehensive and
technology colleges shall be increased to 3,250 dollars.
(d) Effective the semester beginning after July 1, 2023, as provided
for in the agreement, the minimum salary for university centers shall be
increased to 4,000 dollars, and the minimum salary for comprehensive and
technology colleges shall be increased to 3,500 dollars.
A. 7767 7
(e) Effective the semester beginning after July 1, 2024, as provided
for in the agreement, the minimum salary for university centers shall be
increased to 4,500 dollars, and the minimum salary for comprehensive and
technology colleges shall be increased to 4,000 dollars.
(f) Effective the semester beginning after July 1, 2025, as provided
for in the agreement, the minimum salary for university centers shall be
increased to 5,000 dollars, and the minimum salary for comprehensive and
technology colleges shall be increased to 4,500 dollars.
(g) Effective the semester beginning after July 1, 2026, as provided
for in the agreement, the minimum salary for university centers shall be
increased to 6,000 dollars, and the minimum salary for comprehensive and
technology colleges shall be increased to 5,500 dollars.
(h) Pursuant to the terms of the agreement, part-time academic employ-
ees who are otherwise eligible to receive an increase in salary in
accordance with subdivisions one, two, three, and four of this section
shall, if otherwise eligible, receive an increase in salary as set forth
in subdivisions one, two, three, and four of this section, or the appli-
cable part-time academic faculty minimum as set forth in this subdivi-
sion, whichever is greater.
12. Post-Graduate Year (PGY) Salary Schedules. Pursuant to the terms
of the agreement, employees in the professional services unit paid
according to the PGY Salary Schedules shall be paid according to the
salary schedules established and based on years of service effective
July 1 of 2022, 2023, 2024 and 2025.
13. The increases in salary payable pursuant to subdivisions one, two,
three, and four of this section shall apply on a pro-rated basis to
incumbents otherwise eligible to receive an increase in salary pursuant
to this section, who are paid on an hourly or per diem basis, or who
serve on a part-time basis or who are paid on any basis other than at an
annual salary rate.
14. Notwithstanding any of the provisions of this section, the salary
increases or payments provided by this section shall not apply to
employees deemed to be casual employees pursuant to the resolution of
clarification petition CP 751 brought against the state by the employee
organization representing the professional services unit; to extra
service compensation; to summer session compensation; or to compensation
derived from clinical practice plan arrangements; nor shall anything in
this section be deemed to provide any adjustment in salary or other
compensation of any person holding a chair established pursuant to
section 239 of the education law.
15. Inconvenience pay. Pursuant to the terms of the agreement, effec-
tive July 2, 2016, an eligible employee, as provided for in the agree-
ment, shall continue to be paid 575 dollars per year for working 4 or
more hours between the hours of 6:00 p.m. and 6:00 a.m.
16. Basic annual salary. For the purposes of this section, basic annu-
al salary is the amount of annual compensation payable to an employee
for the performance of the employee's professional obligation, as such
obligation is set forth in Title H, Article XI, of the policies of the
board of trustees of the state university of New York, from state monies
appropriated for such purpose. Nothing herein shall prevent increasing
amounts paid to incumbents of positions of the professional service in
the professional services unit in addition to the basic annual salary,
provided however, that the amounts required for such other increases and
the cost of fringe benefits attributable to such other increases, as
determined by the comptroller, are made available to the state in
accordance with procedures established by the state university; provided
A. 7767 8
that the state university shall annually submit a report to the director
of the budget specifying aggregate amounts by campus, sources and
expenditure of such funds as payment for such increases.
17. Notwithstanding any of the foregoing provisions of this section,
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 chancellor of the state university of New York and
the director of employee relations, such increase is not warranted or is
not appropriate.
§ 3. Adjustment to salaries and hourly rates and other compensation of
certain eligible unit members in the collective negotiating unit desig-
nated as the professional services unit established pursuant to article
14 of the civil service law that are in lifeguard titles and who are in
positions designated as part of bargaining unit 68. 1. The percentage
increases of this subdivision shall only apply to certain eligible unit
members in the professional services unit that are in lifeguard titles
and who are in positions designated as part of bargaining unit 68.
(a) Effective April 1, 2022, the salary or hourly rate of certain
eligible unit members shall increase by 2 percent unless such individ-
uals received an increase in hourly rate that was effective June 22,
2022.
(b) Effective April 1, 2023, the salary or hourly rate of certain
eligible unit members shall increase by 3 percent.
(c) Effective April 1, 2024, the salary or hourly rate of certain
eligible unit members shall increase by 3 percent.
(d) Effective April 1, 2025, the salary or hourly rate of certain
eligible unit members shall increase by 3 percent.
2. In accordance with the terms of the agreement, certain eligible
unit members who work at least 160 hours during the season (at least 20
days) shall be entitled to additional compensation at their hourly rate,
up to a maximum of eight hours, for time worked on each of the first
three days during their employment in any seasonal period (April 1 to
September 30 or October 1 to March 31) which are observed as holidays by
the state. Such compensation shall be paid retroactively upon
completion of five weeks of work.
3. Notwithstanding any of the foregoing provisions of this section,
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 employee relations and the director of
the budget, such increase is not warranted or is not appropriate.
§ 4. Recall compensation for certain state officers and employees
within the professional services unit. 1. Notwithstanding any provision
of law to the contrary and to the extent that the agreement so provides,
full-time professional employees (a) as defined by the policies of the
board of trustees of the state university of New York within the profes-
sional services unit, who provide patient care services on a full-time
basis in the areas of a hospital or clinic specified in the agreement,
and who are eligible to accrue overtime credits, or (b) who are specif-
ically identified by the college president as subject to recall, shall
be considered to have worked a minimum of 4 hours each time they are
recalled to work overtime after having completed their scheduled work
period and left their scheduled work station. In the event any such
eligible employee works in excess of 4 hours upon such recall, such
employee shall receive overtime compensation for the hours actually
worked. To the extent that the agreement so provides, any such full-time
professional employee identified in paragraph (a) of this subdivision
A. 7767 9
who is not eligible to accrue overtime credits but who is deemed eligi-
ble to receive recall compensation in accordance with the terms of the
agreement shall receive additional compensation at the rate of one and
one-half times the regular hourly rate of compensation for time actually
worked when such professional employee is recalled to work after having
completed the scheduled work period and left the scheduled work station,
but, in no case, shall such professional employee receive less than 4
hours of additional compensation upon recall.
2. In addition to eligible full-time professional employees as set
forth in subdivision one of this section, notwithstanding any provision
of law to the contrary and to the extent that the agreement so provides,
employees in positions at the campus specifically designated by the
college president, in accordance with the terms of the agreement, as
eligible for recall compensation, shall be considered to have worked a
minimum of 4 hours each time they are recalled to work overtime after
having completed their scheduled work period and left their scheduled
work station. In the event any such eligible employee works in excess of
4 hours upon such recall, such employee shall receive overtime compen-
sation for the hours actually worked.
3. Any employee eligible to receive compensation pursuant to this
section who is recalled to work more than once during a period of 4
hours commencing with the onset of the initial recall will not be eligi-
ble for more than 4 hours of compensation in any form unless more than 4
hours is actually worked. Any compensation paid pursuant to this section
shall be in addition to and not part of such employee's basic annual
salary, provided however, that any amounts payable pursuant to this
section shall be included as compensation for retirement purposes.
§ 5. On-call compensation for certain state officers and employees in
the professional services unit of the state university. Notwithstanding
any provision of law to the contrary, any full-time professional employ-
ee or other employee eligible to receive compensation pursuant to
section four of this act, who is required to be available for immediate
recall and who must be prepared to return to duty within a limited peri-
od of time, may be granted additional compensation for each day such
employee is actually scheduled to remain and remains available for
recall. Such additional compensation shall be paid at a rate established
pursuant to the agreement. Such compensation shall be in addition to and
not part of such employee's basic annual salary, provided however, that
any amount payable pursuant to this section shall be included as compen-
sation for retirement purposes.
§ 6. Health insurance coverage for part-time employees in the profes-
sional services unit of the state university. Notwithstanding any
provision of law to the contrary, any employee serving in a position
within the professional services unit of the state university who serves
on a part-time basis and is otherwise ineligible to receive health
insurance coverage may participate in the state health insurance program
provided that such part-time employee pays the full premium cost for the
coverage provided by such health insurance program.
§ 7. There shall be a lump sum payment payable in accordance with the
terms of the collective bargaining agreement covering the professional
services unit of the state university.
§ 8. Statewide joint labor-management committees for certain state
officers and employees. 1. During the period July 2, 2022 through July
1, 2026, there shall be a statewide joint labor-management committee
continued and administered pursuant to the terms of the agreement, which
shall have the responsibility for studying and making recommendations
A. 7767 10
concerning the major issues of professional development and implementing
such agreements which may be entered into between the state and the
employee organization concerning such matters.
2. During the period July 2, 2022 through July 1, 2026, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning employment
related issues as required by provisions of the agreement and adminis-
tering the continuity of employment fund subject to the approval of the
state and the employee organization.
3. During the period July 2, 2022 through July 1, 2026, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning issues of
safety in the workplace and implementing such agreements which may be
entered into between the state and the employee organization concerning
such matters.
4. During the period July 2, 2022 through July 1, 2026, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning matters of
mutual interest in the areas of equal employment and affirmative action
concerning minorities, women, persons with disabilities and military
status and implementing such agreements which may be entered into
between the state and the employee organization concerning such matters.
5. During the period July 2, 2022 through July 1, 2026, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning issues of
health benefits and implementing such agreements which may be entered
into between the state and the employee organization concerning such
matters.
6. During the period July 2, 2022 through July 1, 2026, there shall be
a Tripartite Redeployment Committee administered pursuant to the terms
of the agreement, which shall have the responsibility for reviewing and
discussing issues related to redeployment consideration and implementing
such agreements which may be entered into between the state and the
employee organization concerning such matters.
7. During the period July 2, 2022 through July 1, 2026, there shall be
a statewide joint labor-management committee established and adminis-
tered pursuant to the terms of the agreement, which shall have the
responsibility for studying, making recommendations and approving campus
grants that would benefit groups of employees at one or more campuses
and implementing such agreements which may be entered into between the
state and the employee organization concerning such matters.
§ 9. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state for the
payment of grievance and arbitration settlements and awards pursuant to
article 7 of the agreement.
§ 10. The salary increases and benefit modifications, and any other
modifications to the terms and conditions of employment provided for by
this act for state employees in the professional services unit, shall
not be implemented until the director of employee relations has deliv-
ered, to the director of the budget and the comptroller, a letter that
there is in effect with respect to such negotiating unit a collectively
negotiated agreement which provides for such increases and modifications
A. 7767 11
and which is fully executed in writing with the state pursuant to arti-
cle 14 of the civil service law, and ratified pursuant to the ratifica-
tion procedure of the employee organization.
§ 11. Notwithstanding any other provision of law to the contrary,
where, and to the extent that, the agreement so provides, an employee is
affected as a result of the state's exercise of its right to contract
out, and in the event that such affected employee obtains employment
with the contractor, the employee shall not be barred from accepting
such employment as provided for in the agreement.
§ 12. Notwithstanding any inconsistent provision of law, where and to
the extent that any agreement between the state and the employee organ-
ization entered into pursuant to article 14 of the civil service law so
provides on behalf of employees in the professional services unit,
effective January 1, 2024, the state shall contribute an amount desig-
nated 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 herein and shall not be
part of basic annual salary for overtime or retirement purposes.
§ 13. Date of entitlement to salary or hourly rate increase. Notwith-
standing the provisions of this act or of any other law, the increase in
salary or compensation of any officer or employee provided by this act
shall be added to the salary or compensation of such officer or employee
at the beginning of that payroll period the first day of which is near-
est 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 or hourly rate of such officer or
employee upon reclassification, reallocation, appointment, promotion,
transfer, demotion, reinstatement or other change of status, such salary
or hourly rate 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 a date prior thereto, instead of on such effective date,
and shall not operate to confer any additional salary rights or benefits
on such officer or employee. Payment of such salary or hourly rate
increase may be deferred pursuant to section fourteen of this act.
§ 14. Deferred payment of salary or hourly rate increase. Notwith-
standing the provisions of any other section of this act or of any other
law, pending payment pursuant to this act of the basic annual salaries
or compensation 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 posi-
tions. An incumbent holding a position subject to this act at any time
during the period from the effective dates of the salary or hourly rate
increases provided for in this act until the time when basic annual
salaries or compensation 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 compen-
sation actually received therefor. Such lump sum payments shall be made
as soon as practicable. For the purpose of calculating retirement bene-
fits, the amounts paid under this act shall count as compensation earned
during the year or years for which it is calculated and not as compen-
sation earned wholly in the year in which it is paid. Notwithstanding
any law, rule or regulation to the contrary, no member of the profes-
A. 7767 12
sional 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 covering employees in the professional services
unit.
§ 15. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2023, by the
provisions of this act for any state department or agency from any
appropriation or other funds available to such state department or agen-
cy for personal service or for other related employee benefits during
such fiscal year. To the extent that such appropriations are insuffi-
cient in any fund 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. The aforementioned appropriations
shall be available for payment of any liabilities or obligations
incurred prior to April 1, 2023 in addition to current liabilities.
§ 16. Payment from special or administrative funds. If the compen-
sation to which officers and employees of the state are otherwise enti-
tled is payable from a special or administrative fund or funds of the
state, other than the general fund or the capital projects fund of the
state, the increase in compensation to which such officers or employees
are entitled under this act shall be payable from such other fund or
funds in the same manner as such other compensation. If the amounts
appropriated or allocable from such other fund or funds are insufficient
to accomplish the purposes of this act, the director of the budget is
hereby authorized to allocate such additional sums from such other fund
or funds as may be necessary therefor.
§ 17. Effect of participation in special annuity program. No employee
participating in a special annuity program pursuant to the provisions of
article 8-C of title 1 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 such officer or employee 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 said article.
§ 18. Appropriations. Notwithstanding any provision of the state
finance law or any other provision of law to the contrary, the sum of
two hundred seventy-five million dollars ($275,000,000) is hereby appro-
priated in the general fund/state purposes account (10050) in miscella-
neous-all state departments and agencies solely for
apportionment/transfer by the director of the budget for use by any
state department or agency, including the contract colleges at Alfred
and Cornell, in any fund for the fiscal year beginning April 1, 2023, to
supplement appropriations available 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 April 1, 2023 in addi-
tion to liabilities or obligations associated with the fiscal year
commencing April 1, 2023. Notwithstanding any provision of law to the
A. 7767 13
contrary, this appropriation shall remain in full force and effect for
the payment of liabilities incurred on or before June 30, 2024.
§ 19. The several amounts as hereinafter 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, 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. Notwithstanding
any provision of law to the contrary, the monies hereby appropriated are
available for payment of any liabilities or obligations incurred prior
to or during the period April 1, 2022 through June 30, 2024. 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
Statewide Labor Management Committees .......... 7,118,819
Employee Benefit Fund ............................ 353,000
§ 20. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 2, 2022. Appropri-
ations made by this act shall remain in full force and effect for
liabilities incurred through June 30, 2024.