Page images
PDF
EPUB

or

[ocr errors]

a

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

of paragraphs (b), (c) and (d) of this subdivision shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget.

(1) Notwithstanding any of the foregoing provisions of this subdivision, the provisions of this subdivision shall not apply to officers employees paid on a fee schedule basis.

(j) Notwithstanding any of the foregoing provisions of this subdivision, any increase in compensation may be withheld in whole or

in part from any employee to whom the provisions of this subdivision are applicable when, in the opinion of the director of the budget and the director of employee relations, such increase is not warranted or is not appropriate

4. Subdivision two of section one hundred thirty-one of such law is amended by adding a new paragraph (e) to read as follows:

(e) Notwithstanding any inconsistent provision of this section, officers and employees on the payroll on March thirty-first, nineteen hundred eighty-five in the collective negotiating units designated as the administrative services unit, the institutional services unit and the operational services unit posistabapter, who are promoted, appointed pursuarteto article fourteen of

in a higher salary grade during the period between June sixth, nineteen hundred eighty-five for the employees on the institutional payroll and June thirteenth, nineteen hundred eighty-five for employees on the administrative payroll and March thirty-first, nineteen hundred eighty-six, shall receive the percentage increase provided in this subdivision or the step one salary rate of such higher grade which is in effect during that time period, whichever results in a higher annual salary.

$ 5. Subdivision three of section one hundred thirty-two of such law, as added by chapter three hundred seven of the laws of nineteen hundred seventy-nine, is amended to read as follows:

3. When a position allocated to a salary grade in paragraphs a,,c, or d of subdivision one of section one hundred thirty of this article is reallocated on or after April first, nineteen hundred seventy-nine to a higher salary grade other than grades thirty-eight or M-eight, the annual salary of an incumbent shall be determined in accordance with the provisions of subdivision two of section one hundred thirty-one of this article; provided, however, that, when a position allocated to a salary, grade in paragraph a of subdivision one of such section

hundred thirty of this article is reallocated to a higher salary grade on or after April first, nineteen hundred eighty-six, the annual salary of the incumbent shall not be increased to more than one thousand five hundred dollars above the job rate of the higher salary grade; provided further, however, that, when a position allocated to a salary grade in such paragraph a' is reallocated to a higher salary ,grade on or after April first nineteen hundred eighty-seven, the annualosalary of the incumbent shall not be increased to more than the second longevity step of the salary grade to which the position is reallocated.

5 6. Such law is amended by adding a new section one hundred fiftyfour-b to read as follows:

§ 154-b. Agreements between state and employee organization. 1. Notwithstanding any other law, rule or regulation to the contrary, where an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides on behalf of employees in positions serving in the collective negotiating units designated as the administrative services unit, institutional services un it and the operational services unit, a survivor's benefit for & state employee in a position in such negotiating units shall be paid in

an amount provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five the result of accidental on-the-job in jury and that å death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the employee's surviving spouse and children in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the employee is not survived by a spouse or children, the survivor's benefit shall be paid to the estate of the employee. Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit payable on behalf of such employee. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

one

as

as

an

[ocr errors]

2. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and such employee organization entered into pursuant to article fourteen of this chapter, so provides, the state shall establish a special edụcation fund to provide the child' or children of such employees for whom a survivor's benefit is paid pursuant to subdivision one of this section with full tuition to attend a college or university which is part of the state university provided, however, such child or children meet the entrance requirements of such college or university. The special education fund shall be funded at a level and for the period of time as determined by such agreement and any interest or other earnings attributable to the money held in such fund shall be utilized with such money for the purpose set forth in this subdivision.

$ 7. Subdivision one of section one hundred sixty-one-a of such law, as added by chapter three hundred seven of the laws of nineteen hundred seventy-nine, is amended to read as follows:

1. Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter provides for health insurance benefits, the president, after receipt of [a] written [request of] directions from the director of employee relations, [is authorized to) shall implement the provisions of such agreement consistent with the terms thereof and to the extent necessary [may] shall adopt regulations providing for the benefits to be thereunder provided. The president, with the approval of the director of the budget, may extend such benefits, in whole or in part, to employees not subject to the provisions of such agreement.

$ 8. Such law is amended by adding a new section one hundred sixtythree-a to read as follows:

§ 163-8. Health insurance adjustment. 1. For the purposes of this section, the term "supplementary plan" shall mean a health insurance plan which provides an adjustment to the deductible or co-insurance liability or to the benefits provided by the statewide health insurance plan purchased pursuant to section one hundred sixty-two of this article.

2. The president may require the insurer of a supplementary plan to the statewide health insurance plan, provided as a result of a collectively negotiated agreement pursuant to article fourteen of this chapter, to make a comparable supplementary plan available to participating employers as of the implementation date of the state employees' supplementary plan. The comparable supplementary plan shall be experience rated to those participating employers electing it, with the costs thereof allocated equitably among them. 3. Every participating employer which,

before July first, nineteen hundred eighty-five, entered into collectively negotiated agreement pursuant to article fourteen of this chapter with employee or: ganization's representing its employees to provide the statewide health insurance plan shall provide such comparable supplementary plan on the date established by the president until the expiration of such negotiated agreement.

§ 9. Subdivision twelve-d of section eight of the state finance law, as amended by chapter seventy-eight of

laws of nineteen hundred eighty-two and renumbered by chapter six hundred eighty-nine of the laws of nineteen hundred eighty-two, is amended to read as follows:

12-d. Notwithstanding any inconsistent provision of the court of claims act, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency, other than a department or agency specified in subdivision twelve of this section, for personal property of an employee damaged or destroyed in the course of the performance of official duties without fault on his part by an inmate, patient client of such department or agency after March thirty-first, nineteen hundred [eighty-two) eighty-five and April' first, nineteen hundred [eighty-five] eighty-eight, Payment of any such claim shall not exceed the sum of three hundred dollars. No person submitting a claim under this paragraph shall have any claim for damages to such personal property approved pursuant to the provision of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law.

§ 10. Section eight of such law is amended by adding a new subdivision twelve-e to read as follows:

12-e. Notwithstand ing any inconsistent provision of the court of claims act, where, and to the extent that, agreement between the state and employee organization entered into pursuant to article fourteen of the civil service law on behalf of officers and employees serving in positions in the administrative services unit, institutional

as

or

on a

or

an

an

[ocr errors][merged small]

em

[ocr errors]

or

a

[ocr errors]

an

[ocr errors][ocr errors]

SO

services unit and operational services unit so provides, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency for personal property of an officer or ployee damaged or destroyed in the actual performance of official duties without fault or negligence of the officer employee other than claim specified

and covered by subdivision twelve or twelve-d of this section after March thirty-first, nineteen hundred eighty-five and before April first, nineteen hundred eighty-eight. Payment of such claim shall not exceed the sum of two hundred fifty dollars. Where agreement between the state and such employee organization entered into pursuant to article fourteen of the civil service law provides for payment to be made to officers and employees by a state department or agency, such payments for claims not in excess of seventy-five dollars may be made from a petty cash account established pursuant to section one hundred fifteen of this chapter and in the manner prescribed therein and pursuant to regulations of the comptroller. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provisions of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law.

§ 11. Section two hundred of such law is amended by adding a new subdivision three to read as follows:

3. (a) In any case where a state employee has, as a result of an administrative error by the state, received salary in excess of that to which he or she was entitled, the state will not attempt to recover such overpayment, except in those cases described in paragraph (b) of this subdivision. Notwithstanding, the foregoing, the state will, where such overpayment is still continuing, immediately reduce such empolyee's current salary that the salary paid to such employee prospectively is the salary which the employee is entitled to receive.

(b), Nothing contained in paragraph (a) of this subdivision shall prevent the state from recovering, by offset, or otherwise, any overpayment made (i) for shift differential, geographic differential, inconvenience pay, pre-shift briefing pay or location pay; (ii) for a period when the employee was neither performing services for the state nor on approved leave or (iii) under circumstances where the comptroller reasonably determines that the employee knew, or that a reasonable employee should have known, that the salary paid to him or her was in

of that which he or she was entitled to receive.

5 12. Section two hundred one of such law is amended by adding a new subdivision nine to read as follows:

9. Notwithstanding any other law, rule or regulation to the contrary, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of ti civil service law provides, the comptroller, after receiving written direction from the director of employee relations, is authorized to deduct from the salary of any employee such amount as such employee covered by such agreement may specify in writing filed witi. the comptroller for contribution to a political action committee designated by such ployee organization and transmit such deduction so withheld to the political action committee or to such employee organization, appropriate. Any such written authorization may be withdrawn by the employee at any time upon filing written notice of such withdrawal with the comptroller or şuch deduction may be terminated on notice to the comptroller by such employee organization.

$ 13. Such law is amended by adding a new section two hundred nine-a to read as follows:

§ 209-a. Workers' compensation supplementation allowance. Notwithstanding any other law, rule or regulation to the contrary, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil vice law on behalf of employees in a collective negotiating unit established pursuant to article fourteen of the civil service law

provides for the payment of a supplement to the workers' compensation_award, such supplement shall be paid in accordance with such agreement. For the sole purpose of retirement credit, retirement contribution and final average salary under the retirement and social security law, an employee's pensation for the period during which he or she receives such supplement and such award shall be deemed to be the full compensation salary EXPLANATION—Matter in italics is new; matter in brackets [] is old law

[ocr errors][ocr errors]

excess

[ocr errors]
[ocr errors][ocr errors]

em

[ocr errors][merged small]

as

[ocr errors][ocr errors]

ser

com

or

[merged small][ocr errors]

an

on

such employee would have earned or been entitled to receive had he or she not received the workers' compensation benefit provided by such agreement. During the period of time an employee receives payment of such supplement and workers' compensation award, such employee shall be deemed on the payroll in full status for those purposes provided for in such agreement.

14. Section eighteen of chapter two hundred twenty of the laws of nineteen hundred eighty-two, amending the civil service law and the state finance law relating to compensation, benefits and other terms and conditions of employment, as amended by chapter six hundred sixty-four of the laws of nineteen hundred eighty-four, is amended to read as follows:

§ 18. This act shall take effect immediately and shall be deemed to have been in full force and effect from and after April first, nineteen hundred eighty-two; [provided, however, that section five of this act authorizing the comptroller to deduct certain amounts from an employee's salary shall expire on June thirtieth, nineteen hundred eighty-seven; further) provided that any individual retirement account plan to which

employee subject to this act has contributed shall remain in full force and effect and such employee shall be able to exercise his right to make contributions to said plan in the manner otherwise permitted by law.

§ 15. Compensation for certain state officers and employees in collective negotiating units. 1. The provisions of this section shall apply to full-time officers and employees in the collective negotiating units designated as the administrative services unit, the institutional services unit and the operational services unit established pursuant to article fourteen of the civil service law.

2. Effective Jụne sixth, nineteen hundred eighty-five for employees on the institutional payroll'and June thirteenth, nineteen hundred eighty; five for employees the administrative payroll, the basic annual salary of officers and employees in full-time employment status on March thirty-first, nineteen hundred eighty-five shall be increased by five percent adjusted to the next higher whole dollar amount.

3. Effective April first, nineteen hundred eighty-six the basic annual salary of officers and employees in full-time employment status on March thirty-first, nineteen hundred eighty-six shall be increased by five and one-half percent adjusted to the next higher whole dollar amount.

4. Effective April first, nineteen hundred eighty-seven the basic annual salary of officers and employees in full-time employment status March thirty-first, nineteen hundred eighty-seven shall be increased by six percent adjusted to the next higher whole dollar amount.

5. Advancement within salary grade. Payments pursuant to the provi, sions of subdivision six of section one hundred thirty-one 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 fourteen of the civil service law between the state and an employee organization representing employees subject to the provisions of this section.

6. Notwithstanding the provisions of subdivisions two through four of this section, if the basic annual salary of an officer employee to whom the provisions of subdivision two of this section apply is identi. cal with the hiring rate, step one, two, three or the job rate of the salary grade of his position on June sixth or June thirteenth, nineteen hundred eighty-five on the institutional or the administrative' payroll, respectively such basic annual salary shall be increased to step one, two, three, four or job rate, respectively, of such salary grade as contained in paragraph a of subdivision one of section one hundred thirty of the civil service law as added by section one of this act to take ef; fect such June sixth, or June thirteenth and, if the basic annual salary of an officer or employee to whom the provisions of this section apply is identical with the hiring rate, step one, two, three, four or the job rate of the salary grade of his position on April first, nineteen hundred eighty-six or April first, nineteen hundred eightyseven, such basic annual salary shall be increased to the hiring rate, ştep one, two, three, four or job rate of such salary grade as contained in paragraph a of subdivision one of section one hundred thirty

of the civil service law as added by section one of this act to take effect on the dates specified in such paragraph a as added by this act. 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 through four of this section.

on

or

on

or

as

7. 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 employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased

in the same manner though such position had been in existence but unencumbered. Notwithstanding the provisions of this section, the director of the budget may reduce the salary of any such position which is or becomes vacant.

8. 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 salary rate in accordance with the terms of agreements between the state and employee organizations reached pursuant to article fourteen of the civil service law, except that the provisions of subdivision five of this section shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget.

9. 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 subdivision five of this section and section three of this act in proportion to those provided to persons to whom this 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 each such certificate shall be filed with the state comptroller, the department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

10. 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.

11. 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 the budget and the director of employee relations, such increase is not warranted or is not appropriate.

š 16. Locational compensation for certain state officers and employees in collective negotiating units, Notwithstanding any inconsistent provisions of law, officers and employees, except part-time and seasonal officers and employees in the collective negotiating units designated the administrative services unit, the institutional services unit and the operational services unit established pursuant to article fourteen of the civil service law, whose principal place of employment or, in the case of a field employees whose official station as determined in accordance with the regulations of the comptroller is located (1) in the county of Monroe and who were on the payroll on March thirty-first, nineteen hundred eighty-five shall receive locational pay at the rate of two hundred dollars per year provided they continue to be otherwise eligible except. that such officers and employees who were not on the payroll on such March thirty-first, but who were on the payroll at any time during the period April first, nineteen hundred eighty-five through the day when basic annual salaries are first paid pursuant to this, act, who received locational pay, shall be deemed to have been eligible for such locational pay received and shall cease to be eligible for locational

pay later than the day when basic annual salaries are first paid pursuant to this act or (2) in the city of New York or the county of Rockland, Westchester, Nassau or Suffolk shall receive locational pay at the rate of two hundred three dollars effective April first, nineteen hundred eighty-five, four hundred six dollars effective April first nineteen hundred eighty-six, and six hundred two dollars effective April first, nineteen hundred éighty-seven. Such locational pay 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 advancements or other EXPLANATION—Matter in italics is new; matter in brackets [] is old law

as

no

« PreviousContinue »