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CHAPTER 307

AN ACT to amend the civil service law and a chapter of the laws of

nineteen hundred eighty-five, amending the civil service law and establishing special provisions relating to the compensation, benefits, terms and conditions of employment of certain state employees and officers, in relation to authority of budget director; technical corrections and to repeal certain provisions of such chapter of the laws of nineteen hundred eighty-five relating thereto

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Became a law July 11, 1985, with the approval of the Governor. Passed on

message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Paragraph (e) of subdivision eight of section one hundred thirty of the civil service law, as added by a chapter of the laws of nineteen hundred eighty-five, amending the civil service law and establishing special provisions relating to the compensation, benefits, terms and conditions of employment of certain state employees and officers, as proposed in legislative bill number s. 6564, is amended to read follows:

(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 maximum salary of the salary grade of their position as a result of an increase in the job rate or maximum salary, shall be sidered to have been paid at the annual salary rate equal to or in excess of 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 were in full-time ployment status. The provisions of this paragraph apply solely for the purpose of implementation of the provisions of paragraph (b) of this subdivision.

S 2. Paragraph (f) of subdivision two of section one hundred thirtyone of such law, as added by such chapter of the laws of nineteen hundred eighty-five, is amended to read as follows:

(f) Notwithstanding any inconsistent provision of law, officers and employees to whom the provisions of paragraph d of subdivision one of 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 otherwise [advance] advanced to a position in a higher salary grade during the period between June sixth, nineteen hundred eighty-five for the employees 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, 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.

§ 3. Paragraph (c) of subdivision two of section nineteen of a chapter of the laws of nineteen hundred eighty-five, amending the civil service law and establishing special provisions relating to the compensation, benefits, terms and conditions of employment of certain state employees and officers, as proposed in legislative bill number S. 6564, is amended to read as follows:

(c) Effective April first, nineteen hundred eighty-seven, the basic [annaul] annual salary of officers and employees to whom the provisions

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

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of this subdivision apply shall be increased by five percent adjusted to the next higher whole dollar amount. § 4.

Subdivision ten of section nineteen of such chapter of the laws of nineteen hundred eighty-five is repealed and a new subdivision ten is added to read as follows:

10. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section may be withheld' in whole or in part from

any officer or employee when in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, to reduce state expenditures to acceptable levels, or when in the opinion of the director of the budget, such increase is not warranted or is not appropriate and the salary of such officer or employee is set at the discretion of the appointing authority.

$ 5. Subdivision four of section twenty of such chapter of the laws of nineteen hundred eighty-five is repealed and a new subdivision four is added to ad as follows:

4. Notwithstanding the foregoing provisions of this section, any, increase in compensation provided by this section may be withheld in whole or in part from any officer or employee when in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels, or when in the opinion of the director of the budget, such increase is not warranted or is not appropriate and the salary of such officer or employee is set at the discretion of the appointing authority.

$ 6. Subdivision six of section twenty-one of such chapter of the laws of nineteen hundred eighty-five is repealed and a new subdivision six is added to read as follows:

6. Notwithstanding the foregoing provisions of this section, any, increase in compensation provided by this section may be withheld in whole or in part from any officer or employee when in the opinion of the director of the budget', such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, to reduce state expenditures to acceptable levels, or when in the opinion of the director of the budget, such increase is not warranted or is not appropriate and the salary of such officer or employee is set at the discretion of the appointing authority.

$ 7. Section twenty-six of such chapter of the laws of nineteen hundred eighty-five is amended to read as follows:

§ 26. Date of entitlement to salary increase. Notwithstanding 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 nearest 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 provided in this act; provided, however, that for the purposes of tdeterming] determining the salary of such officer or employee upon classification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary 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, shall not operate [or] to confer any additional salary rights or benefits on such Officer or employee. Payment of such salary increase may be deferred pursuant to section twenty-seven of this act.

§ 8. This act shall take effect on the same date as such chapter of the laws of nineteen hundred eighty-five takes effect.

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AN ACT to amend the civil service law, in relation to compensation,

benefits and other terms and conditions of employment of certain staté officers and employees in the negotiating unit created by chapter four hundred three of

of nineteen hundred eighty-three; to authorize funding of joint labor-management committees; to implement an agreement between the state and an employee organization; to repeal certain provisions of the civil service law relating thereto; and make ing 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 Assenbly, do enact as follows:

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

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 created by chapter four hundred three of the laws of nineteen hundred eighty-three established

pursuant

to article fourteen of this chapter shall be as follows: (1) Effective June thirteenth, nineteen hundred eighty-five: Hiring

Job Increnent SG Rate

Step 2 Step 3 Step 4 Step 5 Rate Amount 1 9610 10085 10°560 11035 11510 11985 475

9997 10494 10991 11488 11985 12482 497
10512 11032 11552 12072 12592 13112 520
10999 11547 12095 12643 13191 13739 548

11541 12117 12693 13269 13845 14421 576
6 12198 12786 13374 13962 14550 15138 588
7 12892 13523 14154 14785 15416 16047 631
8 13631 14287 14943 15599 16255 16911 656
9 14409 15097 15785 16473 17161 17849 688
10 15251 15975 16699 17423 18147 18871

724 11

16152 16913 17674 18435 19196 19557 761 12 17084 17876 18668 19460 20252 21044 792 13 18109 18939 19769 20599 21429 22259 830 14 19167 20037 20907 21777 22647 23517 870 15 20028 21042 22056 23070 24084 25098 1014 16 21174 22230 23286 24342 25398 26454 1056

22390 23499 24608 25717 26826 27935 1109 18 23681 24840 25999 27158 28317 29476 1159 19 24986 26194 27402 28610 29818 31026 1208 20 26289 27547 28805 30063 31321 32579 1258 21 27706 29019 30332 31645 32958 34271 1313 22 29217 30 585 31953 33321 34689 36057 1368 23 30786 32211 336 36 35061 36486 37911 1425 24 32449 33928 35407 36886 38365 39844 1479 25 34261 35804 37347 38890 40433 41976 1543 26 36089 37695 39301 40907 42513 44119 1606 27 38066 39757 41448 43139 44830 46521 1691 28 40094 41850 43606 45362 47118 48874 1756 29 42217 44040 45863 47686 49509 51332 1823 30 44446 46337 48228 50119 52010 53901 1891 31 46839 48800 50761 52722 54683 56644 1961 32 49353 51380 53407 55434 57461 59488 2027

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EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law (2) Effective April first, nineteen hundred eighty-six:

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Hiring SG Rate 1 10091 2 10497 3 11038 4 11549 5 12119

12808 7 13537 8 14313 9 15130 10 16014 11 16960 12 17939 13 19015 14 20126 15 21030 16 22233 17 23510 18 24866 19 26236 20 27604 21 29092 22 30678 23 32326 24 34072 25 35975 26 37894 27 39970 28 42099 29 44328 30 46669 31 49181 32 51821

Step 2 Step 3
10590 11089
11019 11541
11584 12130
12125 12701
12724 13329
13426 14044
14200 14863
15002 15691
15853 16576
16774 17534
17759 18558
18771 19603
19886 20757
21039 21952
22095 23160
23342 24451
24675 25840
26083 27300
27504 28772
28925 30 246
30471 31850
32114 33550
33822 35318
35625 37178
37595 39215
39580 41266
41745 43520
43943 45787
46242 48156
48654 50639
51240 53299
53949 56077

Step 4
11588
12063
12676
13277
13934
14662
15526
16380
17299
18294
19357
20435
21628
22865
24225
25560
27005
28517
30040
31567
33229
34986
36814
38731
40835
42952
45295
47631
50070
52624
55358
58205

Step 5
12087
12585
13222
13853
14539
15280
16189
17069
18022
19054
20156
21267
22499
23778
25290
26669
28170
29734
31308
32888
34608
36422
38310
40284
42455
44638
47070
49475
51984
54609
57417
60333

Job Rate 12586 13107 13768 14429 15144 15898 16852 17758 18754 19814 20955 22099 23370 24691 26355 27778 29335 30951 32576 34209 35987 37858 39806 41837 44075 46324 48845 51319 53898 56594 59476 62461

Increment
Amount

499 522 546 576 605 618 663 689 723 760 799 832 871 913 1065 1109 1165 1217 1268 1321 1379 1436 1496 1553 1620 1686 1775 1844 1914 1985 2059 2128

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

Job Increment Rate Step 2 Step 3 Step 4 Step 5 Rate Amount 10596 11133 11670 12207 12744 13281

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537 11022 11584 12146 12708 13270 13832 562

11590 12178 12766 13354 13942 14530 588 4 12127 12747 13367 13987 14607 15227 620 12725 13376 14027 14678 15329 15980

651 13449 14114 14779 15444 16109 16774 665 7 14214 14928 15642 16356 17070 17784 714

150 29 15771 16513 17255 17997 18739 742 9 15887 16665 17443 18221 18999 19777

778 10 16815 17633 18451 19269 20087 20905 818 11 17808 18668 19528 20388 21248 22108

860 12 18836 19732 20628 21524 22420 23316 896 13 19966 20904 21842 22780 23718 24656 938 14 21133 22117 23101 24085 25069 26053 984 15 22082 23227 24372 25517 26662 27807 1145 16 23345 24538 25731 26924 28117 29310 1193 17 24686 25939 27192 28445 29698 30951 1253 18 26110 27419 28728 30037 31346 32655 1309 19 27548 28912 30276 31640 33004 34368 1364 20 28985 30407 31829 33251 34673 36095 1422 21

30547 32031 33515 34999 36483 37967 1484 22 32212 33758 35304 36850 38396 39942 1546 23 33943 35554 37165 38776 40387 41998 1611 24 35776 37449 39122 40795 42468 44141 1673 25 37774 39520 41266 43012 44758 46504 1746 26 39789 41606 43423 45240 47057 48874 1817 27 41969 43882 45795 47708 49621 51534 1913 28 44204 46192 48180 50168 52156 54144 1988 29 46545 48609 50673 52737 54801 56865 2064 30 49003 51144 53285 55426 57567 59708 2141

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

10. Performance based payments for certain state officers and employees in the collective negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty threes. (a) The provisions of this subdivision shall apply to full-time officers and employees in the collective negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty-three established pursuant to article fourteen of this chapter.

(b) Officers and employees to whom the provisions of this subdivision apply who, on March thirty-first, nineteen hundred eighty-five,, have five

more years of continuous service as defined by paragraph c of subdivision three of this section at an annual salary rate equal to or in excess of the job rate of their salary grade, whose performance during the period from April first, nineteen hundred eighty-four to March thirty-first, nineteen hundred eighty-five as higher than "unsatisfactory"i or its equivalent and who are the payroll on the date of payment shall be entitled to a lump sum payment in accordance with the terms of an agreement between the state and employee organization reached pursuant

to article fourteen of this chapter. Such lump sum payment shall be non-recurring 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 this payment shall be seven hundred fifty dollars for full-time employees and a pro rata share for part-time employees. Such lump payment shall be made on or before December thirty-first, nineteen hundred eighty-five. Notwithstanding the foregoing provisions of this paragraph, officers and employees who otherwise would have been eligible to receive such lump 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 lump sum payment. Employees otherwise eligible who, after the March thirty-first eligibility date are authorized leave of absence without pay on the date of payment shall receive such payment if they return to employment status within

year of the payment date. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise eligible to receive such lump sum payment but who on the March thirty-first, nineteen hundred eighty-five eligibility date are serving in a higher graded position (i) on a temporary basis or on a probationary or a permanent basis and subsequently fail the probationary period or accept voluntary demotion during the probationary period or 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 lump sum 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 lump, sum payment.

(c) Officers and employees to whom the provisions of this sụbdivision apply who on March thirty-first, nineteen hundred eighty-six, have five

more years of continuous service as defined by paragraph c of subdivision three of this section at an annual salary rate equal to or in ex

of the job rate of their salary grade, whose performance was rated during the period April first, nineteen hundred eighty-five to March thirty-first, nineteen hundred eighty-six as higher than "unsatisfactory" or its equivalent and who are

on the payroll the date of payment shall be entitled to a lump sum payment in accordance with the terms of an agreement between the state and

employee organization reached pursuant to article fourteen of this chapter. Such lump sum payment shall be non-recurring 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 pensation for retirement purposes. The amount of this payment shall be

st So in original. ("eighty three" should be "eighty-three". ) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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