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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

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.

The People of the State of New York, represented in Senate and Assembly, 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 as 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 or maximum salary of the salary grade of their position as a result of an increase in the job rate or maximum salary, shall be considered 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 employment status. The provisions of this paragraph apply solely for the purpose of implementation of the provisions of paragraph (b) of this subdivision.

§ 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 or otherwise [advance] advanced 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 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.

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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

So in original. (Word misspelled.)

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

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:

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

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§ 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 read 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 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.

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§ 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:

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Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section may be withheld in whole 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 ís 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 as provided in this act; provided, however, that for the purposes of [determing] 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.

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

CHAPTER 308

(See REPEAL NOTE at end of Chapter.)

AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees in the negotiating unit created by chapter four hundred three of the laws 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 making an appropriation for the purpose of effectuating certain of provisions hereof

Became a law July 11, 1985, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

the

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

Section 1. Paragraph e 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:

e. 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:

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

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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 three*. (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.

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(b) Officers and employees to whom the provisions of this subdivision apply 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 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" or its equivalent and who are on 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 an 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 seven hundred fifty dollars for full-time employees and a pro rata share for part-time employees. employees. Such lump sum payment shall be made on or before December thirty-first, nineteen nineteen hundred eighty-five. Notwithstanding the foregoing provisions of this paragraph, officers and employees who otherwise would have been eligible to receive such lump sum 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 on authorized leave of absence without pay on the date of payment shall receive such payment if they return to employment status within one 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 a 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 subdivision 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 excess 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 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 an 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 * 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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