Laws of the State of New York

rights or benefits to which an employee may be entitled by law provided, however that locational pay shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.

§ 17. Notwithstanding the provisions of subdivisions two, three and four of section fifteen of this act, during the period between April first, nineteen hundred eighty-six and March thirty-first, nineteen hundred eighty-eight the rates of compensation for officers and employees

to whom the provisions of such subdivisions apply may be increased, decreased, enhanced or remain the same pursuant to terms of an agreement negotiated bwtween the state and an employee organization representing such employees or the classification of officers and employees to whom the provisions of such subdivisions apply may be increased, decreased, enhanced or remain the same in accordance with the directions of the director of classification and compensation and pursuant to terms of an agreement negotiated between the state and an employee organization representing such employees pursuant to article fourteen of the civil service law and as approved by the director of the budget. Changes in compensation or classification provided for in this section may result from a study of the state classification system and comparable worth authorized by chapter two hundred twenty of the laws of nineteen hundred eighty-two and the recommendations made in such study. The governor's executive budget submitted to the legislature for fiscal year nineteen hundred eighty-six-eighty-seven and fiscal year nineteen hundred eightyseven-eighty-eight shall include a statement setting forth the rate of compensation which may be increased, decreased, enhanced or remain the same in accordance with the directions of the director of classification and compensation and pursuant to terms of an agreement negotiated between the state and an employee organization representing such employees pursuant to article fourteen of the civil service law, and as approved by the director of the budget, as authorized in this section. Budget bills submitted to the legislature making appropriations for support of state government for fiscal year nineteen hundred eightysix-eighty-seven and fiscal year nineteen hundred eighty-seven-eightyeight shall set forth as a separate item of appropriation, with a subschedule by each agency, all appropriations proposed to be made for the aforementioned fiscal years which are authorized pursuant to this

section.

the

§ 18. Notwithstanding any provision of law to the contrary, the appropriations contained in this act shall be available to the state for the payment and publication of grievance and arbitration settlements and awards pursuant to articles thirty-three and thirty-four of the collective negotiating agreement between the state and the employee organization representing 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.

§ 19. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight there shall be a statewide labor-management committee continued and administered pursuant to the terms of the agreement negotiated between the state and employee organization representing 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 which shall, after March thirty-first, nineteen hundred eighty-five, have the responsibility of studying, making recommendations concerning the major issues of productivity and the quality of work life and implementing the agree

ments reached.

§ 20. The retirement and social security law is amended by adding a new section one hundred ten-b to read as follows: § 110-b. Deduction of dues and insurance premiums from benefits of certain retired members. Notwithstanding any other provision of law to the contrary and subject to the provisions of a collective negotiating agreement between the state and an employee organization representing employees whose positions are in collective negotiating units designed as the administrative services unit, operational services unit or institutional services unit established pursuant to article fourteen of the civil service law, the comptroller is hereby authorized to deduct from the retirement allowance of any retired member of such negotiating units who retired on or after January first, nineteen hundred eighty-seven

* So in original. (Word misspelled.)

amount of membership dues as the retired member may specify in writing filed with the comptroller for the payment of such employee organization membership dues and premiums for employee organization sponsored group insurance plans. Any such written authorization may be withdrawn by such retired member at any time upon filing written notice of such withdrawal with the comptroller. Notwithstanding the foregoing provisions of this section, the employee organization certified, pursuant to article fourteen of the civil service law, to represent the collective negotiating unit from which the member retired shall have exclusive payroll deduction of membership dues and premiums for insurance and mass-merchandized automobile and homeowners' insurance policies for retired members of such collective negotiating unit. Deductions for such dues and premiums shall not be authorized for any other employee organization or group except by express written approval of such appropriate certified employee organis organization. The salary increases and benefit modification provided for by this act for state 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 shall not be implemented until the director of employee relations shall have delivered to the director of the budget and the comptroller a certificate that there is in effect with respect to such negotiating units collective negotiating agreements with the state which provide for such increases and modifications and which are fully executed in writing pursuant to article fourteen of the civil service law.

§ 22. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April first, nineteen hundred eighty-five by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations are insufficient to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various departments and agencies, from any appropriations available, the amounts necessary to pay such amounts.

$23. Effect of participation in special annuity program. No employee participating in a special annuity program pursuant to the provisions of article eight-C of the education law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary adjustment to which he would otherwise be entitled by reason of participation in such program, and such salary adjustment shall be based upon the salary of such officer or employee without regard to the reduction authorized by said article.

§ 24. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase of 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 as provided in this act; provided, however, that for the purposes of determining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary increase shall be deemed to 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 such effective date, shall not operate 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-five of this act. § 25. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or any other law, pending payment pursuant to this act of the basic annual salaries of incumbents of positions subject to this act, such incumbents shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An incumbent holding a position subject to this act at any time during the period from April first, nineteen hundred eighty-five until the time when basic annual salaries EXPLANATION-Matter in italics is new; matter in brackets [] is old law

are first paid pursuant to this act for such services in excess of the compensation actually received therefor shall be entitled to a lump sum payment for the difference between the salary to which such incumbent is entitled for such services and the compensation actually received therefor. Such lump sum payment shall be made as soon as practicable.

§ 26. The several amounts as hereinafter set forth, or so much thereof as may be necessary, is hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April first, nineteen hundred eighty-five to supplement appropriations from each respective fund available for personal service, other than personal service and fringe benefits, and to carry out the provisions of this act.

No money shall be available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

On or before October first, nineteen hundred eighty-five, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee a report showing by agency the allocation of general fund personal service appropriations made by this chapter. On or before January third, nineteen hundred eighty-six and March third, nineteen hundred eighty-six, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee, a report showing by agency the allocation of general fund personal service appropriations made by this chap

ter,

the amounts actually apportioned to each agency, and any change in proposed or actual apportionments from previous reports required by this section. The report filed on or before March third, nineteen hundred eighty-six also shall include a schedule showing a projection of tionments which will be made to each agency by March thirty-first, nineteen hundred eighty-six.