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EXPLANATION-Matter in italics is new; matter in brackets [] is old law

§ 27. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April first, nineteen hundred eighty-five.

REPEAL NOTE. -Paragraph a of subdivision one of section one hundred thirty of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the administrative services unit, the operational services unit and the institutional services unit and is replaced by revised salary schedules in new paragraph a.

CHAPTER 303

(See REPEAL NOTE at end of Chapter.)

AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees; to authorize funding of joint labor-management committees; to implement agreements between the state and an employee organization; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain of the provisions hereof

Became a law July 11, 1985, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph C of subdivision one of section one hundred thirty of the civil service law is repealed and a new paragraph c is added to read as follows:

c. Effective on the dates indicated, salary grades for positions in the competitive, non-competitive and labor classes of the classified service of the state of New York in the collective negotiating unit designated as the professional, scientific and technical services unit established pursuant to article fourteen of the civil service law shall be as follows:

(1) Effective on June sixth, nineteen hundred eighty-five for employees on the institutional payroll and June thirtieth, nineteen hundred eighty-five for employees on the administration payroll:

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(2) Effective April first, nineteen hundred eighty-six:

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(3) Effective April first, nineteen hundred eighty-seven:

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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

(f) Notwithstanding any inconsistent provision of law, officers and employees to whom paragraph c of subdivision one of section one hundred thirty of this article apply who are on the payroll on March thirtyfirst, nineteen hundred eighty-five, who are promoted, appointed or otherwise advanced to a position in a higher salary grade during the period between June sixth, nineteen hundred eighty-five for the employees on the institution payroll and June thirteenth, nineteen hundred eighty-five for employees on the administration payroll and March thirty-first, nineteen hundred eighty-six, shall receive the percentage increase in basic annual salary as provided in this subdivision or basic annual salary equal to the hiring rate of such higher grade which is in effect during that time period plus five percent, whichever results in a higher annual salary.

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§ 3. Section one hundred fifty-four-b of such law, as added by a chapter of the laws of nineteen hundred eighty-five, amending the civil service law, relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees, is amended by adding two new subdivisions four and five to read as follows:

4. 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 unit designated as the professional, scientific and technical services unit, a survivor's benefit for a state employee in a position represented by such employee organization shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, as the result of an accidental on-the-job' injury that a death benefit is paid pursuant the workers' compensation law. Such survivor's benefit shall be paid to the employee's surviving spouse and children in the same proportion 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

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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.

5. 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 education fund to provide the child or children of such employees for whom a survivor's benefit is paid pursuant to subdivision four 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. § 4. Compensation for certain state officers and employees in collective negotiating units. 1. The provisions of this subdivision shall apply to full-time officers and employees in the collective negotiating unit designated as the professional, scientific and technical services unit established pursuant to article fourteen of the civil service law.

2. Effective June sixth, nineteen hundred eighty-five for employees on the institution payroll, and June thirteenth, nineteen hundred eightyfive for employees on the administration 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.

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

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

5. Performance awards. a. Officers and employees to whom the provisions of this section apply who, as of March thirty-first, nineteen hundred eighty-six, have completed five or more years of continuous service at an annual salary rate equal to or in excess of the job rate or maximum salary of the salary grade of their position and whose performance is rated higher than "Below Minimum" or its equivalent for a performance evaluation period ending in nineteen hundred eighty-five, and who are on the payroll on the date of payment, may receive a performance award during the month of April, nineteen hundred eighty-six in accordance with the terms of an agreement between the state and an employee organization reached pursuant to article fourteen of the civil service law and rules and regulations promulgated by the director of the budget. Such award payment shall be a lump sum payment and shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amount payable pursuant to this paragraph shall be included as compensation for retirement purposes. The amount of the performance award payment shall be one thousand dollars each for employees in full-time status as of March thirty-first, nineteen hundred eightysix, or a pro rata share of that amount for employees in a part-time employment status on that date.

b. Officers and employees to whom the provisions of this section apply who, as of March thirty-first, nineteen hundred eighty-six, have completed ten or more years of full-time service at an annual salary rate equal to or in excess of the job rate or maximum salary grade of their position and whose performance is rated higher than "Below Minimum" or its equivalent for a performance evaluation period ending in nineteen hundred eighty-five, and who are on the payroll on the date of payment may receive in addition to a five year performance award payment pursuant to paragraph a of this subdivision, a ten year performance award payment during the month of April, nineteen hundred eighty-six in accordance with the terms of an agreement between the state and an employee organization reached pursuant to article fourteen of the civil service law and rules and regulations promulgated by the director of the budget. Such award payment shall be a lump sum payment and shall be in

So in original. (Word misspelled.)

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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