other law, such additional compensation as added by this section shall be in lieu of the continuation of any other additional compensation for such employees in recognition of pre-shift briefing.

§ 10. Uniform cleaning and maintenance and purchase of uniform shoes. In recognition of the general requirement for employees of the state in the security services unit and the security supervisors unit, established pursuant to article fourteen of the civil service law, to wear a uniform and to the extent that an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides on behalf of employees in such units, each such employee shall receive an allowance for cleaning and maintenance at the rate of three hundred seventy-five dollars per year effective December first, nineteen hundred eighty-five, and at the rate of four hundred dollars per year effective December first, nineteen hundred eighty-six, and at the rate of four hundred twenty-five dollars per year effective December first, nineteen hundred eighty-seven.

§ 11. Locational compensation for certain state officers and employees in collective negotiating units. Notwithstanding any inconsistent provisions of law, officers and employees except part-time and seasonal officers and employees in the collective negotiating units designated as the security services unit and the security supervisors unit established pursuant to article fourteen of the civil service law, whose principal place of employment or, in the case of a field employee, whose official station as determined in accordance with the regulations of the comptroller is located (1) in the county of Monroe and who were on the payroll on May twenty-third, nineteen hundred eighty-five, shall receive locational pay at the rate of two hundred dollars per year provided they continue to be otherwise eligible except that such officers and employees who were not on the payroll on May twenty-third, nineteen hundred eighty-five but who were on the payroll at any time during the period April first, nineteen hundred eighty-five through the day when basic annual salaries are first paid pursuant to this act, who received locational pay shall be deemed to have been eligible for such locational pay received in the amounts actually received and shall cease to be eligible for locational pay no later than the day when basic annual salaries are first paid pursuant to this act or (2) in the city of New York or in the county of Rockland, Westchester, Nassau or Suffolk shall receive locational pay at the rate of two hundred three dollars effective April first, nineteen hundred eighty-five, four hundred six dollars effective April first, nineteen hundred eighty-six, and six hundred two dollars effective April first, nineteen hundred eighty-seven. Such locational pay shall be in addition to and shall not be a part of an employee's basic annual salary, and shall not affect or impair any performance advance or other rights or benefits to which an employee may be entitled by law, provided, however, that locational pay shall be included as compensation for the purposes of computation of overtime pay and for retirement purposes.

§ 12. Indemnification. 1. Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides on behalf of employees in the collective negotiating units designated as the security services unit and security supervisors unit established pursuant to article fourteen of the civil service law, and upon audit and warrant of the comptroller, the director of employee relations shall provide for the payment of moneys to such employee organization for the establishment and maintenance of a legal defense and indemnification fund to be used for the representation of employees in matters which arise out of the discharge of their duties and in the course of their employment, to be administered by the employee organization for the employees in the negotiating unit covered by the controlling provision of such agreement providing for such fund, such amount to be determined consistent with said agreement. The director of employee relations may enter into an agreement with the employee organization affected which sets forth the specific terms and conditions for the establishment and administration of such legal defense and indemnification fund as a condition for the transmittal of moneys pursuant to this section.

Such employee organization shall periodically, as specified by the director of employee relations, supply a description of the amount disbursed for the cost of the benefits of such fund and such other information as may be requested by the director of employee relations.

3. The employee organization shall report to the comptroller, in the form and manner as he may direct, the amount it expended for the provi

sion of such benefits for any period specified by the comptroller. The comptroller is hereby authorized to audit the books of the employee organization with respect to any moneys transmitted to it pursuant to this section.

4. Neither the state nor any officer or employee of the state shall be a party to any contract or agreement entered into by any employee organization providing for such benefits purchased in whole or in part with moneys transmitted to such employee organization pursuant to this section. No benefit provided pursuant to such contracts or agreements shall be payable by the state and all such benefits shall be paid by the responsible parties to such agreements or contracts pursuant to the terms and conditions of such agreements or contracts. The employee organization shall be a fiduciary with respect to such legal defense and indemnification fund established pursuant to this section.

5. In the event it is determined that the moneys transmitted to an employee organization pursuant to this section is income for which payroll deductions are required for income tax withholdings from the salary or wages of employees pursuant to law, the comptroller shall determine the amount of such withholdings required and deduct the amount so required to be withheld from the salary or wages of the employees concerned. 6. The employee organization shall indemnify the state for any claims whatsoever paid by it arising from the establishment, administration or discontinuation of any legal defense or indemnification fund provided pursuant to this section, together with reasonable costs of litigation arising therefrom.

7. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section shall be controlling.

§ 13. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight there shall be statewide joint labor-management committees continued and administered pursuant to the terms of the agreement negotiated between the state and the employee organization representing employees in the collective negotiating units designated as the security services and security supervisors units established pursuant to article fourteen of the civil service law which shall after March thirty-first, nineteen hundred eighty-five, within the amounts available therefor, study and make recommendations concerning major issues of continuity of employment, performance evaluation and productivity and the quality of working life and provide for the implementation of the terms of agreements of such committees.

§ 14. 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 seven and eight of the collective negotiating agreements between the state and the employee organization representing the collective negotiating units designated as the security services unit and the security supervisors unit established pursuant to article fourteen of the civil service law.

§ 15. The salary increases and benefit modifications provided for by this act for state employees in the collective negotiating units designated as the security services and security supervisors units 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 negotiation agreements fully executed in writing, with the state pursuant to article fourteen of the civil service law which provide for such increases and modifications and unless such agreements have been ratified prior to June thirtieth, nineteen hundred eighty-five pursuant to the ratification procedure of the employee organization certified pursuant to article fourteen of the civil service law to represent such collective_negotiating units.

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

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 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 to confer any additional salary rights or benefits on such officer or employee. Payment of such salary increase may be deferred pursuant to section seventeen of this act. § 17. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or of 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 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. § 18. 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.

§ 19. The several amounts as hereinafter set forth, or so much thereof as may be necessary, are 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 chapter, 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.

All State Departments and Agencies

General Fund State Purposes Account

appor

§ 20. 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, except that section four of this act shall take effect April twenty-fifth and May second, nineteen hundred eighty-five for officers and employees on the institution and administration payrolls respectively, and subdivision four of section eight of this act shall take effect and shall be deemed to have been in full force and effect on and after September twenty-seventh, nineteen hundred eighty-four and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

section five of this act shall take effect on the same date as section six of a chapter of the laws of nineteen hundred eighty-five takes effect, as proposed in legislative bill number S. 6560.

REPEAL NOTE. -Paragraph b 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 security services and security supervisors units and is replaced by a revised salary schedule in a new paragraph b.

Paragraphs (a) and (b) of subdivision three of section one hundred thirty of the civil service law, repealed by section two of this act, provided for longevity payments for employees in the security services and security supervisors units and are replaced by revised longevity payments for such employees in new paragraphs (a) and (b).

CHAPTER 306

(See REPEAL and SPECIAL NOTES at end of Chapter.)

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

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 d of of subdivision one of section one hundred thirty of the civil service law is repealed and a new paragraph d is

added to read as follows:

d. Salary grades for positions in the competitive, non-competitive and labor classes of the classified service of the state of New York designated managerial or confidential pursuant to article fourteen of this chapter, civilian state employees of the division of military and naval affairs of the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit, and those excluded from representation rights under article fourteen of this chapter pursuant to rules or regulations of the public employment relations board shall be as follows on the effective dates indicated:

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