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

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

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

§ 2. Section one hundred thirty of such law is amended by adding a new subdivision eight to read as follows:

8. Performance based payments and increases for certain employees excluded from collective negotiating units. (a) The provisions of this subdivision shall apply to the following full-time state officers and employees in salary grades M/C 17 and below: (1) officers and employees whose positions are designated managerial or confidential pursuant to article fourteen of this chapter; (2) civilian state employees of the division of military and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit; (3) officers and employees excluded from representation rights under article fourteen of this chapter pursuant to rules or regulations of the public employment relations board.

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(b) Officers and employees to whom the provisions of this subdivision apply whose basic annual salary equals or exceeds the job rate of the salary grade of their position may receive performance award payments in accordance with rules and regulations promulgated by the director of the budget; provided, however, that, such officers and employees who are entitled to such payment and who on March thirty-first, nineteen hundred eighty-five have five or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade and who are on the payroll on the date of such payment shall receive a performance award payment of no less than seven hundred fifty dollars; and, provided further, that such officers and employees who are entitled to a performance award payment and who on March thirty-first, nineteen hundred eighty-six have five or more years continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade and who are on the payroll on the date of such payment shall receive, (1) an increase to basic annual salary effective April first, nineteen hundred eighty-six of seven hundred fifty dollars or a basic annual salary equal to the job rate of the salary grade of their position increased by one thousand five hundred dollars, whichever is lower, or (2) a performance award payment of five hundred dollars provided their basic annual salary exceeds the job rate of the salary grade of their position by one thousand five hundred dollars or more and they are on the payroll on the date of such payment; and provided further, that, effective April first, nineteen hundred eighty-seven, such officers and employees who are entitled to a performance award payment and who on their anniversary datę have five or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade and whose basic annual salary is less than seven hundred fifty dollars in excess of the job rate of the salary grade of their position shall on such anniversary date receive a basic annual salary of the job rate of the salary grade of their position increased by seven hundred fifty dollars except that such officers and employees who are entitled to a performance award payment and who on their anniversary date have ten or more years of continuous service as defined by paragraph (c), of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade and whose basic annual salary is less than one thousand five hundred dollars in excess of the job rate of the salary grade of their position shall on

such anniversary date receive a basic annual salary of the job rate of the salary grade of their position increased by one thousand five hundred dollars. Notwithstanding the foregoing provisions of this subdivision, the performance awards payments provided herein shall be appropriately prorated for part-time employees who are otherwise eligible for such payments; such full-time or part-time entitlement shall be based on the employee's full-time or part-time status on March thirty-first of the year of such payment. Performance award payments provided pursuant this subdivision shall be paid on or before December thirty-first of the fiscal year in which they are earned.

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(c) The increases in salary payable pursuant to this subdivision shall apply on a prorated basis to officers and employees, otherwise eligible to receive an increase in salary pursuant to this subdivision, 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; except that the provisions of this subdivision shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget.

(d) Notwithstanding the foregoing provisions of this subdivision, officers and employees who otherwise would have been eligible to receive such performance award payment but who are appointed or promoted to another position, or who die, or retire after the March thirty-first eligibility date and before the date of payment shall receive such performance award payment. Notwithstanding the foregoing provisions of this subdivision, officers and employees who are otherwise eligible who after the March thirty-first eligibility date are on authorized leave of absence without pay on the date of such performance award payment shall receive such payment if they return to employment status within one year of the payment date. Notwithstanding the foregoing provisions of this subdivision, officers and employees who are otherwise eligible for such performance award payments who resign after the March thirty-first eligibility date shall receive such award payment provided they are reinstated before the payment date. Notwithstanding the foregoing provisions of this subdivision, officers and employees who are otherwise eligible for such award payment who on the March thirty-first eligibility date are on authorized leave of absence without pay shall be eligible for such payment with the amount of such payment to be based on the employee's full-time or part-time status immediately prior to such leave. Notwithstanding the foregoing provisions of this subdivision, officers and employees who are otherwise eligible to receive such performance award payment but who on the March thirty-first eligibility date are serving in a higher graded position (i) on a temporary basis or on a probationary or permanent basis and subsequently fail the probationary period or accept a voluntary demotion during the probationary period are demoted as a result of the abolition of positions and (ii) return to a position in their former salary grade within one year of such eligibility date and (iii) remain in their former salary grade for at least six payroll periods shall be eligible for such performance award payment, except that officers and employees who return to their former salary grade as a result of a disciplinary action or who accept a voluntary demotion after successful completion of the probationary period shall not be eligible for such performance award payment..

or

(e) Officers and employees to whom the provisions of this subdivision apply who were serving 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 annual salary rate was during some subsequent period less than the job rate or maximum salary of the salary grade of their position as a result of an increase in the job rate for their grade for such period in determining fulfillment of the service requirements specified in paragraph (b) of this subdivision, provided the officers and employees in full-time employment status. The provisions of this paragraph apply solely for the purpose of implementation of the provisions of paragraph (b) of this subdivision.

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(f) Officers and employees to whom the provisions of this subdivision apply who were serving 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 who were appointed or promoted to a position of equivalent or higher salary grade at an annual salary rate equal to or in excess of the job rate or maximum annual salary shall be entitled to have such service EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

in

each such position considered as eligible service in determining fulfillment of the service requirements specified in paragraph (b) of this subdivision.

(8) Notwithstanding any foregoing provisions of this subdivision to the contrary, officers and employees to whom the provisions of this subdivision apply who were serving 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 annual salary rate was subsequently less than the job rate or maximum salary of the salary grade of their position as a result of the mechanics of salary computation upon reallocation, shall, solely for the purpose of paragraph (b) of this subdivision, be entitled to have service at such lower salary rate deemed to be service at the job rate and considered as eligible service in determining fulfillment of the service requirements specified in such paragraph (b) provided the actual annual salary rate of such officers or employees is equal to or in excess of the job rate of the salary grade of their position on March thirty-first, nineteen hundred eighty-five and/or March thirty-first, nineteen hundred eighty-six, and/or March thirty-first, nineteen hundred eighty-seven, as appropriate.

(h) The amounts provided pursuant to this subdivision, unless otherwise expressly provided herein, shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amounts payable pursuant to this subdivision shall be included as compensation for retirement purposes;

(i) Officers and employees whose basic annual salary is or was less than the job rate of the salary grade of their position but was not or is not less than ninety-eight percent of such job rate shall for the purpose of this subdivision be deemed to be or have been at the job rate as appropriate.

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

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(f) Notwithstanding any inconsistent provision of law, officers and employees to whom the provisions of paragraph d of subdivision one section one hundred thirty of this article apply who are on the payroll on March thirty-first, nineteen hundred eighty-five, who are promoted, appointed or otherwise advance to a position 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 precentage increase in basic annual salary as provided in this subdivision or a 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.

§ 4. Section one hundred thirty-two of such law is amended by adding a new subdivision four to read as follows:

4. Notwithstanding the provisions of subdivision three of this section, when a position allocated to salary grade M/C 17 or below in paragraph d of subdivision one of section one 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.

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

§ 154-c. Managerial or confidential survivor's benefit; special education fund. 1. The term "managerial or confidential employee" as used in this section shall mean a full-time employee or officer in the executive branch of the state whose position is designated managerial or confidential pursuant to article fourteen of this chapter, civilian state employees of the division of military and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit, officers and employees excluded from representation rights under article fourteen of this chapter pursuant to rules and regulations of the public employment relations board, officers and employees whose salaries are prescribed by section nineteen of the correction law, officers and ployees whose salaries are provided for by paragraph (a) of subdivision one of section two hundred fifteen of the executive law, and employees in positions in the professional service in the state university which * So in original. (Word misspelled. )

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are designated, stipulated or excluded from negotiating units as managerial or confidential as defined pursuant to article fourteen of this chapter.

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2. Notwithstanding any other law, rule or regulation to the contrary, a survivor's benefit for a managerial or confidential employee shall be paid in an amount of fifty thousand dollars in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, the result of an accidental on-the-job injury, provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the United States code and provided further that a 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, except that such benefit shall not be payable if a public safety officer's death benefit is payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of the United States code.

3. Notwithstanding any law, rule or regulation to the contrary, 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 one of this section with full tuition up to the amount charged by the state university to attend any college or 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 within the amounts appropriated therefor 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.

§ 6. Subdivision one of section eighteen of the correction law, as amended by chapter seven hundred eight of the laws of nineteen hundred eighty-four, is amended to read as follows:

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1. Each correctional facility shall have a superintendent who shall be appointed by the commissioner of correctional services. Each such superintendent shall be in the non-competitive-confidential class but shall be appointed from employees of the department who have at least three years of experience in correctional work in the department and (i) who have a permanent civil service appointment of salary grade twenty-seven or higher or who have a salary equivalent to a salary grade of twentyseven or higher for correctional facilities with an inmate population capacity of four hundred or more inmates, or (ii) who have a permanent civil service appointment of salary grade twenty-three or higher or have a salary equivalent to a salary grade of twenty-three or higher for correctional facilities with an inmate population capacity of fewer than four hundred inmates; provided that for correctional facilities of either capacity, the employee shall be appointed superintendent at [his or her salary rate in effect at the time of appointment or at such ̄applicable hiring rate set forth in section nineteen of this chapter, whichever amount is greater] the hiring rate set forth in section nineteen of this article or such other rate as may be appropriate, subject to the approval of the director of the budget; provided that in no event shall the salary upon appointment exceed the job rate. Such superintendents shall serve at the pleasure of the commissioner and shall have such other qualifications as may be prescribed by the commissioner of correctional services, based on differences in duties, levels of responsibility, size and character of the correctional facility, knowledge, skills and abilities required, and other factors affecting the position.

§ 7. Subdivision one of section nineteen of such law is repealed and a new subdivision one is added to read as follows:

1. This section shall apply to each superintendent of a correctional facility appointed on or after August ninth, nineteen hundred seventyfive and any superintendent heretofore appointed who elects to be covEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law