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ered by the provisions thereof by filing such election with the commissioner.

a. the salary schedule for superintendents of a correctional facility with an inmate population capacity of four hundred or more inmates shall be as follows:

Effective June sixth, nineteen hundred eighty-five:

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Effective April first, nineteen hundred eighty-six:

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Effective April first, nineteen hundred eighty-seven:

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b.

The salary schedule for superintendents of correctional facilities with an inmate population capacity of fewer than four hundred inmates shall be as follows:

Effective June sixth, nineteen hundred eighty-five:

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Effective April first, nineteen hundred eighty-six:

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Effective April first, nineteen hundred eighty-seven:

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§ 8. Subdivision six of section five of the state finance law, as added by chapter five hundred forty-seven of the laws of nineteen hundred eighty-two, is amended to read as follows:

6. To the extent permitted by section four hundred fifty-seven of the internal revenue code and regulations adopted pursuant thereto, any compensation deferred by a state employee or an employee of a public employer under an eligible deferred compensation plan established pursuant to this section shall be considered part of annual compensation by any retirement system or plan to which the state or public employer employer contributes on behalf of said employee [and for purposes of determining state and any local tax withholding]. However, this in no way shall be construed to supersede the provision of section four hundred thirty-one of the retirement and social security law or any other similar provision of law which limits the salary base for computing retirement benefits payable by a public retirement system.

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

12-f. Notwithstanding any inconsistent provision of the court of claims act, examine, audit and certify for payment of any claim submitted and approved by the head of a state department or agency for personal property of an officer or employee, whose position is designated managerial or confidential pursuant to article fourteen of the civil service law, and of 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, and of officers and employees excluded from representation rights under article fourteen of the civil service law pursuant to rules and regulations of the public employment relations board, damaged or destroyed in the actual performance of official duties without fault or negligence of the officer or employee other than a 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. 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 provision of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law.

§ 10. Paragraph twenty-six of subsection (b) of section six hundred twelve of the tax law is repealed.

§ 11. Paragraph twenty-seven of subsection (c) of section six hundred twelve of such law is repealed.

ૐ 12. Subsection four of section six hundred eighteen of such law, as amended by chapter four hundred of the laws of nineteen hundred eightythree, is amended to read as follows:

(4) There shall be added or subtracted (as the case may be) the modifications described in paragraphs (6), (10) (11), (17), (18), (19), (20), (b) and in paragraphs (11), (13), (15), (19), (20) (21), (22), (23) (24) (25) (26) (27) and (28) of subsection (21), (22), (23), (24), (25), (26)[, (27)] and (28) of subsection (c) of section six hundred twelve. Provided, however, no addition shall be made to the New York taxable income of an estate or trust, pursuant to paragraph (11) of subsection (b) of section six hundred twelve, to the extent that any such estate or trust has paid or set aside any net gain, as described by such paragraph, which is allowable as a deduction for charitable purposes in accordance with the provisions of section six hundred forty-two of the internal revenue code of nineteen hundred fifty-four, as amended. § 13. Paragraph twenty-seven of subdivision (b) of section T46-112.0 of the administrative code of the city of New York is repealed.

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14. Paragraph_twenty-six of subdivision (c) of section T46-112.0 of such code is repealed.

§ 15. Subdivision four of section T46-118. 0 of such code, as amended by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows:

(4) There shall be added or subtracted (as the case may be) the modifications described in paragraphs (6) (10) (11), (18), (19), (20) and in paragraphs) (113) (133) (15) (18) (199 (22) 215 (22 (21), (22), (23), (24), (25), (26), (27)] and (28) of subdivision (b) (23),

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(24), (25), (26) and (27) of subdivision (c) of section T46-112.6. Provided, however, no addition shall be made to the city taxable of an estate or trust, pursuant to paragraph (11) of subdivision (b) of section T46-112.0, to the extent that any such estate or trust has paid or set aside any net gain, as described by such paragraph, which is allowable as a deduction for charitable purposes in accordance with the provisions of section six hundred forty-two of the internal revenue code of nineteen hundred fifty-four, as amended.

§ 16. Section twenty of chapter four hundred seventy-four of the laws of nineteen hundred eighty, amending the civil service law relating to compensation and benefits of certain state officers and employees excluded from collective negotiating units, as amended by chapter six hundred seventy-one of the laws of nineteen hundred eighty-three, is amended to read as follows:

§ 20. Notwithstanding any other provision of law to the contrary, [during the period] effective April first, nineteen hundred [eighty-two eighty-five through March thirty-first, nineteen hundred [eighty-five] eighty-eight, state employees as defined herein, who are entitled to earn and accumulate vacation credits may once per fiscal year elect to receive cash payment in exchange for such earned and accumulated credits, in units of full days only up to a maximum of [five] ten days, provided that at the time of such election such credits total thirtyfive or more days. Vacation credits designated for such an exchange shall be segregated from the employee's accrued vacation credits for future cash payment and such days shall not be included in the accrued credits of the employee for the purpose of disallowing subsequent vacation credits within the limits otherwise prescribed. The election of such an exchange shall be made by the last day of the payroll period which includes July first of each year; provided, however, that during the fiscal year commencing April first, nineteen hundred [eighty-two] EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

eighty-five such election shall be made no later than sixty days after this act shall have become a law and employees who choose to make an election and whose accumulated vacation credits totaled thirty-five or more days on a date or dates during the period April first, nineteen hundred [eighty-two] eighty-five through sixty days after this act shall have become a law may be deemed to have made such election on such date. Such payment for exchanged credits shall be made during the first week of December of the year of such exchange at a rate determined by the employee's salary in effect on the October first immediately prior to such payment. Such compensation shall be paid in addition to and shall not be part of an employee's basic annual salary, nor shall it be considered salary for the purpose of computing retirement benefits. For the purposes of this section, "state employees" shall mean state officers and employees in the executive branch of the state of New York whose positions have been designated managerial or confidential pursuant to article fourteen of the civil service law, employees covered by section nineteen of the correction law, employees in the professional service in the state university which are designated, stipulated or excluded from negotiating units as managerial or confidential as defined pursuant to article fourteen of the civil service law, employees covered by paragraph (a) of subdivision one of section two hundred fifteen of the executive law, employees who have been excluded from representation rights under such article pursuant to rules and regulations of the public employment relations board, or civilian state employees who are [both] employed in the division of military and naval affairs in the executive department [and eligible to participate in the group term insurance plan authorized under section one hundred fifty-eight of such law] whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit and commencing April first, nineteen hundred eighty-one for the purposes of this section shall be deemed to include officers or employees in positions in the institutions under the management and control of Cornell and Alfred universities, representatives of the board of trustees of the state university, which in opinion of the director of employee relations would be designated managerial or confidential were they subject to article fourteen of the civil service law, who are entitled to earn and accumulate vacation credits, provided, however, that state employees, for the purposes of this section, shall not include officers or employees whose salaries are prescribed by section one hundred sixty-nine of the executive law or whose salaries were so prescribed prior to the enactment of chapter fifty-five of the laws of nineteen hundred seventy-nine. The director of employee relations may adopt such regulations as he may deem necessary to carry out the provisions of this section.

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§ 17. Subdivision four of section seven of chapter four hundred sixty of the laws of nineteen hundred eighty-two, amending the civil service law relating to compensation and benefits of certain state officers and employees excluded from collective negotiating units, is repealed. if subdivision two

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as amended by chapter eight hundred sixty-seven of the laws of nineteen hundred eighty-four, is amended to read as follows:

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11. Employee benefits, quality of work life, and employee development and training programs for certain state officers and employees. The

1.

term "employee", as used in this section[, unless a different mean

ing appears from the context,] shall mean:

(a) officers and employees whose positions are designated managerial or confidential pursuant to article fourteen of the civil service law; (b) [officers and] 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;

(c) officers and employees excluded from representation rights under article fourteen of the civil service law pursuant to rules or regulations of the public employment relations board;

(d) officers and employees whose salaries are prescribed by section nineteen of the correction law;

(e) officers and employees whose salaries are provided for by paragraph (a) of subdivision one of section two hundred fifteen of the executive law;

(f) employees in positions in the professional service in the state university which are designated, stipulated or excluded from negotiating units as managerial or confidential as defined pursuant to article fourteen of the civil service law.

2. The director of employee relations is authorized to establish and administer programs for the following purposes in accordance with rules and regulations established by the director of employee relations and subject to the approval of the director of the budget[.]:

(a) An employee benefit program shall be established to study, implement and provide for the administration of certain new insurance benefits in addition to existing benefits provided to employees under plans already approved and authorized by the state of New York. The employee benefit program may also be used to supplement or improve such existing insurance benefits. Notwithstanding any of the foregoing provisions this section, this paragrpah shall apply to those individuals defined as an "employee" in subdivision one of this section and to employees of the legislature.

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(b) A quality of work life program shall be established to study, recommend and implement programs that will improve the quality of work life for employees.

(c) A management training and development program shall be established to provide for the administration and implementation of new training and development initiatives for employees and the continuation of existing training and development programs. This program shall have the objective of improving the performance, effectiveness, attitudes and skills of state managers, promoting the use of sound management principles and practices in state government, enhancing the upward and lateral mobility of the state's managers and systematically identifying and addressing the management development and training needs of employees so as to provide improved and more cost effective service to the citizens of the state.

(d) Internship training programs shall be developed and implemented pursuant to a chapter of the laws of nineteen hundred eighty-five in order to attract and retain a high caliber managerial work force.

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3. Funds provided under this section for the purposes identified in subdivision two shall be subject to the approval of the director of budget. As appropriate and in the best interests of the state, one or more state departments and/or agencies may be designated to administer and/or contract for services for specific programs or benefits established under this section.

4. State departments or agencies charged with administering such programs or benefits shall periodically provide a description of the programs or benefits purchased, implemented or administered through these funds, the utilization experience of these funds, the amount of money disbursed through these programs, qualitative evaluations of programs and benefits provided, and such other information as required by the director of employee relations and the director of the budget.

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5. Nothing herein shall be deemed to diminish, impair or reduce any programs or benefits otherwise available to any employee, as defined subdivision one of this section, established or authorized by law, rule or regulation.

6. (a) For the purposes of sections one hundred fifty-eight and one hundred fifty-nine of the civil service law, employees and officers of a public authority, legislative commission or public benefit corporation who are not represented by a recognized or certified employee organization pursuant to article fourteen of the civil service law shall be deemed to be in positions designated managerial or confidential pursuant to such article fourteen.

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(b) For the purposes of this section, a public authority or public benefit corporation may submit a written request to the director of employee relations to permit its employees who serve in positions designated managerial or confidential pursuant to article fourteen of the civil service law or who are not represented by a recognized or certified employee organization pursuant to such article to be eligible participate in the benefits or programs provided by this section and section twenty-two of a chapter of the laws of nineteen hundred eightyfive entitled "An Act to amend the civil service law, the correction law, the state finance law, the tax law, the administrative code of the city of New York, chapter four hundred seventy-four of the laws of nineteen hundred eighty and chapter four hundred sixty of the laws of nineteen hundred eighty-two amending the civil service law relating to compensation and benefits of certain state officers and employees excluded from collective negotiating units, in relation thereto and to EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

repeal certain provisions of the civil service law, the correction law, the tax law, the administrative code of the city of New York, and chapter four hundred sixty of the laws of nineteen hundred eighty-two relating thereto and making an appropriation for the purpose of effectuating certain of the provisions hereof", subject to the approval of the director of employee relations and to the following conditions:

(i) the public authority or public benefit corporation has elected to participate in the programs provided by section one hundred fiftyeight, section one hundred fifty-nine, subdivision two of section one hundred sixty and subdivision two of section one hundred sixty-three of the civil service law;

(ii) the public authority or public benefit corporation provides appropriate funding for payment for its proportionate share for the programs and benefits provided pursuant to this section and their administration;

(iii) the public authority or public benefit corporation expressly agrees to participate in all of the benefits of the employee benefit program provided by paragraph (a) of subdivision two of this section; and

(iv) the director of employee relations determines that inclusion of the eligible officers and employees of the public authority or public benefit corporation in the programs and benefits provided by this section is in the best interests of the state.

7. Notwithstanding the foregoing provisions of this section, annual employees of the legislative branch and judges and justices of the unified court system and non-judicial employees of the unified court system whose positions are not in collective negotiating units under article fourteen of the civil service law shall be eligible to participate in the programs and benefits provided pursuant to this section and section twenty-two of a chapter of the laws of nineteen hundred eighty-five entitled "An Act to amend the civil service law, the correction law, the state finance law, the tax law, the administrative code of the city of New York, chapter four hundred seventy-four of the laws of nineteen hundred eighty and chapter four hundred sixty of the laws of nineteen hundred eighty-two amending the civil service law relating to compensation and benefits of certain state officers and employees excluded from collective negotiating units, in relation thereto and to repeal certain provisions of the civil service law, the correction law, the tax law, the administrative code of the city of New York, and chapter four hundred sixty of the laws of nineteen hundred eighty-two relating thereto and making an appropriation for the purpose of effectuating certain of the provisions hereof", provided that appropriate funding is made available for payment for their respective proportionate shares for the programs and benefits provided pursuant to this section and their administration.

§ 19. Compensation for certain state officers and employees. 1. The provisions of this section shall apply to the following full-time state officers and employees:

(a) officers and employees whose positions are designated managerial or confidential pursuant to article fourteen of the civil service law; (b) 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;

(c) officers and employees excluded from representation rights under article fourteen of the civil service law pursuant to rules or regulations of the public employment relations board; and

(d) officers and employees whose salaries are prescribed by section nineteen of the correction law.

2. For such officers and employees in positions allocated to salary grades M/C 18 and above, and for those whose salaries are prescribed by section nineteen of the correction law, the following increases shall apply:

(a) Effective June sixth, nineteen hundred eighty-five, for those on the institutional payroll and June thirteenth, nineteen hundred eightyfive for those on the administrative payroll, the basic annual salary of officers and employees to whom the provisions of this subdivision apply and who were on the payroll on March thirty-first, nineteen hundred eighty-five shall be increased by five percent adjusted to the next higher whole dollar amount.

(b) Effective April first, nineteen hundred eighty-six, the basic annual salary of officers and employees to whom the provisions of this

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