Bill Text: NY A01003 | 2023-2024 | General Assembly | Introduced
Bill Title: Implements certain collective bargaining agreements relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-01-27 - signed chap.1 [A01003 Detail]
Download: New_York-2023-A01003-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1003 2023-2024 Regular Sessions IN ASSEMBLY January 12, 2023 ___________ Introduced by M. of A. LAVINE, PHEFFER AMATO -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Governmental Employees AN ACT in relation to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system; to amend chapter 400 of the laws of 2014 relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, in relation to annual longevity payments for certain employees; and to repeal certain provisions of such chapter relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that collective 2 bargaining agreements have been negotiated by the unified court system 3 with employee organizations representing nonjudicial officers and 4 employees in the following collective negotiating units: (i) citywide 5 law assistants; (ii) Nassau county; (iii) New York city administrative, 6 librarian, clerical, and support; (iv) New York city administrative 7 services; (v) New York city court clerks; (vi) New York city court offi- 8 cers; (vii) New York city court reporters; (viii) New York city senior 9 court attorneys; (ix) New York city senior court officers; (x) ninth 10 judicial district; (xi) state judiciary; and (xii) Suffolk county. The 11 purpose of this act is to implement these agreements and to provide 12 increases in compensation for nonjudicial officers and employees of the 13 unified court system not in collective negotiating units. References in 14 this act to the unified court system's classification structure shall 15 mean the classification structure established by the chief administrator 16 of the courts on May 28, 1979, as amended since that date. Reference to 17 the April, 2020 salary schedule shall mean the salary schedule promul- 18 gated by the chief administrator pursuant to subdivision (b) of section 19 2 of chapter 71 of the laws of 2018. References to the April, 2021 sala- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02549-02-3A. 1003 2 1 ry schedule, the April, 2022 salary schedule, the April, 2023 salary 2 schedule, the April, 2024 salary schedule, and the April, 2025 salary 3 schedule shall mean the salary schedules promulgated by the chief admin- 4 istrator pursuant to subdivisions (a), (b), (c), (d), and (e) of section 5 two of this act, respectively. 6 § 2. Salary schedules. The chief administrator of the courts shall 7 promulgate salary schedules as follows: 8 (a) Effective April 1, 2021, each of the rates of pay established by 9 the April, 2020 salary schedule shall be increased as follows: 10 (1) the maximum rate for each grade shall be increased by an amount 11 equal to 2 percent thereof (and then rounded up to the nearest dollar); 12 (2) the amount of the increment for each grade shall equal one-seventh 13 of the difference (rounded up to the nearest dollar) between the maximum 14 rate for such grade, as increased by paragraph 1 of this subdivision, 15 and 102 percent of the hiring rate for such grade on the April, 2020 16 salary schedule (rounded up to the nearest dollar); 17 (3) the hiring, first, second, third, fourth, fifth, and sixth year 18 rates of compensation for each grade shall equal the maximum rate for 19 such grade, as increased by paragraph 1 of this subdivision, minus 7, 6, 20 5, 4, 3, 2, and 1 times the amount of the increment for such grade, as 21 prescribed by paragraph 2 of this subdivision, respectively; 22 (4) the longevity rate for each grade shall equal the maximum rate for 23 such grade, as increased by paragraph 1 of this subdivision, plus the 24 amount of the increment for such grade, as prescribed by paragraph 2 of 25 this subdivision; and 26 (5) the extra-longevity rate for each grade shall equal the longevity 27 rate for such grade, as increased by paragraph 4 of this subdivision, 28 plus the amount of the increment for such grade, as prescribed by para- 29 graph 2 of this subdivision. 30 (b) Effective April 1, 2022, each of the rates of pay established by 31 the April, 2021 salary schedule shall be increased as follows: 32 (1) the maximum rate for each grade shall be increased by an amount 33 equal to 2 percent thereof (and then rounded up to the nearest dollar); 34 (2) the amount of the increment for each grade shall equal one-seventh 35 of the difference (rounded up to the nearest dollar) between the maximum 36 rate for such grade, as increased by paragraph 1 of this subdivision, 37 and 102 percent of the hiring rate for such grade on the April, 2021 38 salary schedule (rounded up to the nearest dollar); 39 (3) the hiring, first, second, third, fourth, fifth, and sixth year 40 rates of compensation for each grade shall equal the maximum rate for 41 such grade, as increased by paragraph 1 of this subdivision, minus 7, 6, 42 5, 4, 3, 2, and 1 times the amount of the increment for such grade, as 43 prescribed by paragraph 2 of this subdivision, respectively; 44 (4) the longevity rate for each grade shall equal the maximum rate for 45 such grade, as increased by paragraph 1 of this subdivision, plus the 46 amount of the increment for such grade, as prescribed by paragraph 2 of 47 this subdivision; and 48 (5) the extra-longevity rate for each grade shall equal the longevity 49 rate for such grade, as increased by paragraph 4 of this subdivision, 50 plus the amount of the increment for such grade, as prescribed by para- 51 graph 2 of this subdivision. 52 (c) Effective April 1, 2023, each of the rates of pay established by 53 the April, 2022 salary schedule shall be increased as follows: 54 (1) the maximum rate for each grade shall be increased by an amount 55 equal to 3 percent thereof (and then rounded up to the nearest dollar);A. 1003 3 1 (2) the amount of the increment for each grade shall equal one-seventh 2 of the difference (rounded up to the nearest dollar) between the maximum 3 rate for such grade, as increased by paragraph 1 of this subdivision, 4 and 103 percent of the hiring rate for such grade on the April, 2022 5 salary schedule (rounded up to the nearest dollar); 6 (3) the hiring, first, second, third, fourth, fifth, and sixth year 7 rates of compensation for each grade shall equal the maximum rate for 8 such grade, as increased by paragraph 1 of this subdivision, minus 7, 6, 9 5, 4, 3, 2, and 1 times the amount of the increment for such grade, as 10 prescribed by paragraph 2 of this subdivision, respectively; 11 (4) the longevity rate for each grade shall equal the maximum rate for 12 such grade, as increased by paragraph 1 of this subdivision, plus the 13 amount of the increment for such grade, as prescribed by paragraph 2 of 14 this subdivision; and 15 (5) the extra-longevity rate for each grade shall equal the longevity 16 rate for such grade, as increased by paragraph 4 of this subdivision, 17 plus the amount of the increment for such grade, as prescribed by para- 18 graph 2 of this subdivision. 19 (d) Effective April 1, 2024, each of the rates of pay established by 20 the April, 2023 salary schedule shall be increased as follows: 21 (1) the maximum rate for each grade shall be increased by an amount 22 equal to 3 percent thereof (and then rounded up to the nearest dollar); 23 (2) the amount of the increment for each grade shall equal one-seventh 24 of the difference (rounded up to the nearest dollar) between the maximum 25 rate for such grade, as increased by paragraph 1 of this subdivision, 26 and 103 percent of the hiring rate for such grade on the April, 2023 27 salary schedule (rounded up to the nearest dollar); 28 (3) the hiring, first, second, third, fourth, fifth, and sixth year 29 rates of compensation for each grade shall equal the maximum rate for 30 such grade, as increased by paragraph 1 of this subdivision, minus 7, 6, 31 5, 4, 3, 2, and 1 times the amount of the increment for such grade, as 32 prescribed by paragraph 2 of this subdivision, respectively; 33 (4) the longevity rate for each grade shall equal the maximum rate for 34 such grade, as increased by paragraph 1 of this subdivision, plus the 35 amount of the increment for such grade, as prescribed by paragraph 2 of 36 this subdivision; and 37 (5) the extra-longevity rate for each grade shall equal the longevity 38 rate for such grade, as increased by paragraph 4 of this subdivision, 39 plus the amount of the increment for such grade, as prescribed by para- 40 graph 2 of this subdivision. 41 (e) Effective April 1, 2025, each of the rates of pay established by 42 the April, 2024 salary schedule shall be increased as follows: 43 (1) the maximum rate for each grade shall be increased by an amount 44 equal to 3 percent thereof (and then rounded up to the nearest dollar); 45 (2) the amount of the increment for each grade shall equal one-seventh 46 of the difference (rounded up to the nearest dollar) between the maximum 47 rate for such grade, as increased by paragraph 1 of this subdivision, 48 and 103 percent of the hiring rate for such grade on the April, 2024 49 salary schedule (rounded up to the nearest dollar); 50 (3) the hiring, first, second, third, fourth, fifth, and sixth year 51 rates of compensation for each grade shall equal the maximum rate for 52 such grade, as increased by paragraph 1 of this subdivision, minus 7, 6, 53 5, 4, 3, 2, and 1 times the amount of the increment for such grade, as 54 prescribed by paragraph 2 of this subdivision, respectively; 55 (4) the longevity rate for each grade shall equal the maximum rate for 56 such grade, as increased by paragraph 1 of this subdivision, plus theA. 1003 4 1 amount of the increment for such grade, as prescribed by paragraph 2 of 2 this subdivision; and 3 (5) the extra-longevity rate for each grade shall equal the longevity 4 rate for such grade, as increased by paragraph 4 of this subdivision, 5 plus the amount of the increment for such grade, as prescribed by para- 6 graph 2 of this subdivision. 7 § 3. Increases in compensation for persons in allocated positions. 8 (a) Each nonjudicial officer and employee of the unified court system in 9 a position allocated to a salary grade in the unified court system's 10 classification structure shall receive increased compensation in accord- 11 ance with this section if he or she (i) is not in any collective negoti- 12 ating unit established pursuant to article 14 of the civil service law, 13 or (ii) is in a collective negotiating unit of nonjudicial officers and 14 employees of the unified court system specified in section one of this 15 act. Increases to basic annual salary, as provided in this section, 16 shall be prorated for any nonjudicial officer or employee whose position 17 is part-time, or who otherwise works part-time, and who is eligible, 18 under the rules of the chief judge of the state or an agreement between 19 the state and an employee organization pursuant to the provisions of 20 article 14 of the civil service law, to accrue annual and sick leave 21 credits. For purposes of this section: 22 (1) no nonjudicial officer or employee shall receive a full or partial 23 increment hereunder unless he or she shall have received other than an 24 unsatisfactory performance rating for his or her services during the 25 year immediately preceding pursuant to a performance evaluation system 26 set forth by the chief administrator or in an agreement specified in 27 section one of this act, nor shall any nonjudicial officer or employee 28 receive a bonus provided in this section where he or she, as of the date 29 on which this act becomes a law, already has received that bonus pursu- 30 ant to law other than a provision of this act; 31 (2) any full or partial increment received by a nonjudicial officer or 32 employee effective April 1, 2021 or April 1, 2022, pursuant to law other 33 than a provision of this act, shall not be considered when determining: 34 (i) a nonjudicial officer or employee's basic annual salary on a speci- 35 fied date; and (ii) whether a nonjudicial officer or employee is eligi- 36 ble to receive a full or partial increment of the grade of his or her 37 position on any of such dates pursuant to a provision of this act; and 38 (3) service in the employ of the unified court system shall mean 39 service in one or more courts or agencies thereof, whether as a judge or 40 a nonjudicial officer or employee. In order for a nonjudicial officer or 41 employee's years of service in the employ of the unified court system to 42 be "continuous," he or she must have served the equivalent of 120 week- 43 days in each of those years; and the number of years required to qualify 44 for a bonus hereunder must be served consecutively except that they may 45 be interrupted by one or more breaks of not more than one year each, 46 attributable to a period of time between any separation from his or her 47 position in the employ of the unified court system and resumption of 48 service in such employ. 49 (b) Effective April 1, 2021: 50 (1) Each such nonjudicial officer and employee who is eligible to 51 receive a full or partial increment of the grade of his or her position 52 in accordance with provisions of the judiciary law shall receive such 53 full or partial increment, to be determined in accordance with the 54 April, 2020 salary schedule; provided, however, this paragraph shall not 55 apply to any nonjudicial officer or employee at or above the maximum 56 rate of compensation of the grade of his or her position on such salaryA. 1003 5 1 schedule who is (i) not in any collective negotiating unit established 2 pursuant to article 14 of the civil service law, or (ii) in the collec- 3 tive negotiating unit specified in clause (x) of section one of this 4 act. 5 (2) Each such nonjudicial officer and employee shall be placed in his 6 or her grade on the April, 2021 salary schedule in the manner provided 7 as follows: 8 (A) If his or her basic annual salary under the April, 2020 salary 9 schedule, including any increase pursuant to paragraph 1 of this subdi- 10 vision, is identical with the hiring, first year, second year, third 11 year, fourth year, fifth year, sixth year, maximum, longevity, or 12 extra-longevity rate of compensation of the grade of his or her posi- 13 tion, that basic annual salary shall be increased to the corresponding 14 rate of compensation in such grade as established by the April, 2021 15 salary schedule; or 16 (B) If his or her basic annual salary under the April, 2020 salary 17 schedule, including any increase pursuant to paragraph 1 of this subdi- 18 vision, is not identical with the hiring, first year, second year, third 19 year, fourth year, fifth year, sixth year, maximum, longevity, or 20 extra-longevity rate of compensation of the grade of his or her posi- 21 tion, that basic annual salary shall be increased by an amount equaling 22 2 percent thereof (and then rounded up to the nearest dollar). 23 Notwithstanding the foregoing, where operation of the provisions of 24 this paragraph would result in a nonjudicial officer or employee receiv- 25 ing an increase in basic annual salary of less than 1,000 dollars, such 26 nonjudicial officer or employee shall be placed in his or her grade on 27 the April, 2021 salary schedule at his or her basic annual salary, 28 including any increase pursuant to paragraph 1 of this subdivision, plus 29 1,000 dollars. 30 (3) Each such nonjudicial officer and employee in the employ of the 31 unified court system having at least 20 years of continuous service in 32 the employ of the unified court system as of the preceding March 31 33 shall receive a bonus equaling: (i) 2,100 dollars, if he or she has 34 less than 25 years of such service as of such date; or (ii) 2,200 35 dollars, if he or she has at least 25 years but less than 30 years of 36 such service as of such date; or (iii) 2,300 dollars, if he or she has 37 at least 30 years of such service as of such date. Provided, however, 38 this paragraph shall not apply to any nonjudicial officer or employee 39 who is entitled to receive an annual longevity payment on April 1, 2021 40 pursuant to subdivision (g) of this section. 41 (c) Effective April 1, 2022: 42 (1) Each such nonjudicial officer and employee who is eligible to 43 receive a full or partial increment of the grade of his or her position 44 in accordance with provisions of the judiciary law shall receive such 45 full or partial increment, to be determined in accordance with the 46 April, 2021 salary schedule; provided, however, this paragraph shall not 47 apply to any nonjudicial officer or employee at or above the maximum 48 rate of compensation of the grade of his or her position on such salary 49 schedule who is (i) not in any collective negotiating unit established 50 pursuant to article 14 of the civil service law, or (ii) in the collec- 51 tive negotiating unit specified in clause (x) of section one of this 52 act. 53 (2) Each such nonjudicial officer and employee shall be placed in his 54 or her grade on the April, 2022 salary schedule in the manner provided 55 as follows:A. 1003 6 1 (i) If his or her basic annual salary under the April, 2021 salary 2 schedule, including any increase pursuant to paragraph 1 of this subdi- 3 vision, is identical with the hiring, first year, second year, third 4 year, fourth year, fifth year, sixth year, maximum, longevity, or 5 extra-longevity rate of compensation of the grade of his or her posi- 6 tion, that basic annual salary shall be increased to the corresponding 7 rate of compensation in such grade as established by the April, 2022 8 salary schedule; or 9 (ii) If his or her basic annual salary under the April, 2021 salary 10 schedule, including any increase pursuant to paragraph 1 of this subdi- 11 vision, is not identical with the hiring, first year, second year, third 12 year, fourth year, fifth year, sixth year, maximum, longevity, or 13 extra-longevity rate of compensation of the grade of his or her posi- 14 tion, that basic annual salary shall be increased by an amount equaling 15 2 percent thereof (and then rounded up to the nearest dollar). 16 Notwithstanding the foregoing, where operation of the provisions of 17 this paragraph would result in a nonjudicial officer or employee receiv- 18 ing an increase in basic annual salary of less than 1,000 dollars, such 19 nonjudicial officer or employee shall be placed in his or her grade on 20 the April, 2022 salary schedule at his or her basic annual salary, 21 including any increase pursuant to paragraph 1 of this subdivision, plus 22 1,000 dollars. 23 (3) Each such nonjudicial officer and employee in the employ of the 24 unified court system having at least 20 years of continuous service in 25 the employ of the unified court system as of the preceding March 31 26 shall receive a bonus equaling: (i) 2,200 dollars, if he or she has 27 less than 25 years of such service as of such date; or (ii) 2,300 28 dollars, if he or she has at least 25 years but less than 30 years of 29 such service as of such date; or (iii) 2,400 dollars, if he or she has 30 at least 30 years of such service as of such date. Provided, however, 31 this paragraph shall not apply to any nonjudicial officer or employee 32 who is entitled to receive an annual longevity payment on April 1, 2022 33 pursuant to subdivision (g) of this section. 34 (d) Effective April 1, 2023: 35 (1) Each such nonjudicial officer and employee who is eligible to 36 receive a full or partial increment of the grade of his or her position 37 in accordance with provisions of the judiciary law shall receive such 38 full or partial increment, to be determined in accordance with the 39 April, 2022 salary schedule. 40 (2) Except as otherwise provided in paragraph 3 of this subdivision, 41 each such nonjudicial officer and employee shall be placed in his or her 42 grade on the April, 2023 salary schedule in the manner provided as 43 follows: 44 (i) If his or her basic annual salary under the April, 2022 salary 45 schedule, including any increase pursuant to paragraph 1 of this subdi- 46 vision, is identical with the hiring, first year, second year, third 47 year, fourth year, fifth year, sixth year, maximum, longevity, or 48 extra-longevity rate of compensation of the grade of his or her posi- 49 tion, that basic annual salary shall be increased to the corresponding 50 rate of compensation in such grade as established by the April, 2023 51 salary schedule; or 52 (ii) If his or her basic annual salary under the April, 2022 salary 53 schedule, including any increase pursuant to paragraph 1 of this subdi- 54 vision, is not identical with the hiring, first year, second year, third 55 year, fourth year, fifth year, sixth year, maximum, longevity, or 56 extra-longevity rate of compensation of the grade of his or her posi-A. 1003 7 1 tion, that basic annual salary shall be increased by an amount equaling 2 3 percent thereof (and then rounded up to the nearest dollar). 3 (3) Each such nonjudicial officer and employee who is either not in 4 any collective negotiating unit established pursuant to article 14 of 5 the civil service law or is in the collective negotiating unit specified 6 in clause (x) of section one of this act whose basic annual salary under 7 the April, 2022 salary schedule is at or above the maximum rate of 8 compensation of the grade of his or her position on such salary schedule 9 shall be placed in such grade on the April, 2023 salary schedule at: 10 (i) the longevity rate of compensation of such grade on such salary 11 schedule, provided he or she has at least 4, but less than 8, years of 12 continuous service at a basic annual salary equal to or greater than the 13 maximum rate of compensation of the grade of his or her position on the 14 salary schedule on which he or she was placed during those years of 15 service; 16 (ii) the extra-longevity rate of compensation of such grade on such 17 salary schedule provided he or she has at least 8 years of continuous 18 service at a basic annual salary equal to or greater than the maximum 19 rate of compensation of the grade of his or her position on the salary 20 schedule on which he or she is placed during those years of service. 21 (4) Each such nonjudicial officer and employee in the employ of the 22 unified court system having at least 20 years of continuous service in 23 the employ of the unified court system as of the preceding March 31 24 shall receive a bonus equaling: (i) 2,270 dollars, if he or she has 25 less than 25 years of such service as of such date; or (ii) 2,370 26 dollars, if he or she has at least 25 years but less than 30 years of 27 such service as of such date; or (iii) 2,475 dollars, if he or she has 28 at least 30 years of such service as of such date. Provided, however, 29 this paragraph shall not apply to any nonjudicial officer or employee 30 who is entitled to receive an annual longevity payment on April 1, 2023 31 pursuant to subdivision (g) of this section. 32 (e) Effective April 1, 2024: 33 (1) Each such nonjudicial officer and employee who is eligible to 34 receive a full or partial increment of the grade of his or her position 35 in accordance with provisions of the judiciary law shall receive such 36 full or partial increment, to be determined in accordance with the 37 April, 2023 salary schedule; provided, however, this paragraph shall not 38 apply to nonjudicial officers and employees who are eligible to receive 39 an annual longevity payment pursuant to subdivision (g) of this section 40 on April 1, 2024. 41 (2) Each such nonjudicial officer and employee shall be placed in his 42 or her grade on the April, 2024 salary schedule in the manner provided 43 as follows: 44 (i) If his or her basic annual salary under the April, 2023 salary 45 schedule, including any increase pursuant to paragraph 1 of this subdi- 46 vision, is identical with the hiring, first year, second year, third 47 year, fourth year, fifth year, sixth year, maximum, longevity, or 48 extra-longevity rate of compensation of the grade of his or her posi- 49 tion, that basic annual salary shall be increased to the corresponding 50 rate of compensation in such grade as established by the April, 2024 51 salary schedule; or 52 (ii) If his or her basic annual salary under the April, 2023 salary 53 schedule, including any increase pursuant to paragraph 1 of this subdi- 54 vision, is not identical with the hiring, first year, second year, third 55 year, fourth year, fifth year, sixth year, maximum, longevity, or 56 extra-longevity rate of compensation of the grade of his or her posi-A. 1003 8 1 tion, that basic annual salary shall be increased by an amount equaling 2 3 percent thereof (and then rounded up to the nearest dollar). 3 (3) Each such nonjudicial officer and employee who is either not in 4 any collective negotiating unit established pursuant to article 14 of 5 the civil service law or is in the collective negotiating unit specified 6 in clause (x) of section one of this act whose basic annual salary under 7 the April, 2023 salary schedule is at or above the maximum rate of 8 compensation of the grade of his or her position on such salary schedule 9 shall be placed in such grade on the April, 2024 salary schedule at: 10 (i) the longevity rate of compensation of such grade on such salary 11 schedule, provided he or she has at least 4, but less than 8, years of 12 continuous service at a basic annual salary equal to or greater than the 13 maximum rate of compensation of the grade of his or her position on the 14 salary schedule on which he or she was placed during those years of 15 service; 16 (ii) the extra-longevity rate of compensation of such grade on such 17 salary schedule provided he or she has at least 8 years of continuous 18 service at a basic annual salary equal to or greater than the maximum 19 rate of compensation of the grade of his or her position on the salary 20 schedule on which he or she is placed during those years of service. 21 (4) Each such nonjudicial officer and employee in the employ of the 22 unified court system having at least 20 years of continuous service in 23 the employ of the unified court system as of the preceding March 31 24 shall receive a bonus equaling: (i) 2,340 dollars, if he or she has 25 less than 25 years of such service as of such date; or (ii) 2,440 26 dollars, if he or she has at least 25 years but less than 30 years of 27 such service as of such date; or (iii) 2,550 dollars, if he or she has 28 at least 30 years of such service as of such date. Provided, however, 29 this paragraph shall not apply to any nonjudicial officer or employee 30 who is entitled to receive an annual longevity payment on April 1, 2024 31 pursuant to subdivision (g) of this section. 32 (f) Effective April 1, 2025: 33 (1) Each such nonjudicial officer and employee who is eligible to 34 receive a full or partial increment of the grade of his or her position 35 in accordance with provisions of the judiciary law shall receive such 36 full or partial increment, to be determined in accordance with the 37 April, 2024 salary schedule who are eligible to receive an annual 38 longevity payment pursuant to subdivision (g) of this section on April 39 1, 2025. 40 (2) Each such nonjudicial officer and employee shall be placed in his 41 or her grade on the April, 2025 salary schedule in the manner provided 42 as follows: 43 (i) If his or her basic annual salary under the April, 2024 salary 44 schedule, including any increase pursuant to paragraph 1 of this subdi- 45 vision, is identical with the hiring, first year, second year, third 46 year, fourth year, fifth year, sixth year, maximum, longevity, or 47 extra-longevity rate of compensation of the grade of his or her posi- 48 tion, that basic annual salary shall be increased to the corresponding 49 rate of compensation in such grade as established by the April, 2025 50 salary schedule; or 51 (ii) If his or her basic annual salary under the April, 2024 salary 52 schedule, including any increase pursuant to paragraph 1 of this subdi- 53 vision, is not identical with the hiring, first year, second year, third 54 year, fourth year, fifth year, sixth year, maximum, longevity, or 55 extra-longevity rate of compensation of the grade of his or her posi-A. 1003 9 1 tion, that basic annual salary shall be increased by an amount equaling 2 3 percent thereof (and then rounded up to the nearest dollar). 3 (3) Each such nonjudicial officer and employee in the employ of the 4 unified court system having at least 20 years of continuous service in 5 the employ of the unified court system as of the preceding March 31 6 shall receive a bonus equaling: (i) 2,410 dollars, if he or she has 7 less than 25 years of such service as of such date; or (ii) 2,515 8 dollars, if he or she has at least 25 years but less than 30 years of 9 such service as of such date; or (iii) 2,630 dollars, if he or she has 10 at least 30 years of such service as of such date. Provided, however, 11 this paragraph shall not apply to any nonjudicial officer or employee 12 who is entitled to receive an annual longevity payment on April 1, 2025 13 pursuant to subdivision (g) of this section. 14 (g) Annual longevity payments continued. (1) As authorized by subdi- 15 vision (i) of section 3 of chapter 400 of the laws of 2014, as amended, 16 eligible nonjudicial officers and employees shall receive annual longev- 17 ity payments effective April 1, 2021, April 1, 2022, April 1, 2023, 18 April 1, 2024, and April 1, 2025. 19 (2) As provided in subdivision (a) of section 3 of chapter 400 of the 20 laws of 2014, annual longevity payments shall be in addition to and 21 shall not be a part of an employee's basic annual salary; provided, 22 however, they shall be included as compensation for retirement purposes. 23 § 4. Increases in compensation for persons in unallocated positions. 24 (a) Each nonjudicial officer or employee of the unified court system to 25 whom the provisions of section three of this act would apply but for the 26 fact that he or she holds a position that is not allocated to a salary 27 grade in the unified court system's classification structure shall 28 receive increased compensation in accordance with this section. Bonuses 29 and increases to basic annual salary as provided in this section shall 30 be prorated for any nonjudicial officer or employee whose position is 31 part-time, or who otherwise works part-time, and who is eligible, under 32 rules of the chief judge of the state or an agreement between the state 33 and an employee organization pursuant to the provisions of article 14 of 34 the civil service law to accrue annual and sick leave credits. Bonuses 35 as provided in this section shall be in addition to and shall not be a 36 part of an employee's basic annual salary, but shall be included as 37 compensation for retirement purposes. For purposes of this section: 38 (1) no nonjudicial officer or employee shall receive a bonus hereunder 39 unless he or she shall have received other than an unsatisfactory 40 performance rating for his or her services during the year immediately 41 preceding pursuant to a performance evaluation system set forth by the 42 chief administrator of the courts or in an agreement specified in 43 section one of this act, nor shall any nonjudicial officer or employee 44 receive a bonus provided in this section where he or she, as of the date 45 on which this act becomes a law, already has received that bonus pursu- 46 ant to law other than a provision of this act; and 47 (2) service in the employ of the unified court system shall mean 48 service as a nonjudicial officer or employee in one or more courts or 49 agencies of the unified court system. In order for a nonjudicial officer 50 or employee's years of service in the employ of the unified court system 51 to be "continuous," he or she must have served the equivalent of 120 52 workdays in each of those years; and the number of years required to 53 qualify for a bonus hereunder must be served consecutively except that 54 they may be interrupted by one or more breaks of not more than 1 year 55 each, attributable to a period of time between any separation from hisA. 1003 10 1 or her position in the employ of the unified court system and resumption 2 of service in such employ. 3 (b) Effective April 1, 2021: 4 (1) the basic annual salary of each such nonjudicial officer and 5 employee shall be increased by an amount equal to 2 percent thereof (and 6 then rounded up to the nearest dollar); and 7 (2) each such nonjudicial officer and employee in the employ of the 8 unified court system having at least 20 years of continuous service in 9 the employ of the unified court system as of the preceding March 31 10 shall receive a bonus equaling: (i) 2,200 dollars, if he or she has less 11 than 25 years of such service as of such date; or (ii) 2,300 dollars, if 12 he or she has at least 25 but less than 30 years of such service as of 13 such date; or (iii) 2,400 dollars, if he or she has at least 30 years of 14 such service as of such date. 15 (c) Effective April 1, 2022: 16 (1) the basic annual salary of each such nonjudicial officer and 17 employee shall be increased by an amount equal to 2 percent thereof (and 18 then rounded up to the nearest dollar); and 19 (2) each such nonjudicial officer and employee in the employ of the 20 unified court system having at least 20 years of continuous service in 21 the employ of the unified court system as of the preceding March 31 22 shall receive a bonus equaling: (i) 2,200 dollars, if he or she has less 23 than 25 years of such service as of such date; or (ii) 2,300 dollars, if 24 he or she has at least 25 but less than 30 years of such service as of 25 such date; or (iii) 2,400 dollars, if he or she has at least 30 years of 26 such service as of such date. 27 (d) Effective April 1, 2023: 28 (1) the basic annual salary of each such nonjudicial officer and 29 employee shall be increased by an amount equal to 3 percent thereof (and 30 then rounded up to the nearest dollar); and 31 (2) each such nonjudicial officer and employee in the employ of the 32 unified court system having at least 20 years of continuous service in 33 the employ of the unified court system as of the preceding March 31 34 shall receive a bonus equaling: (i) 2,270 dollars, if he or she has less 35 than 25 years of such service as of such date; or (ii) 2,370 dollars, if 36 he or she has at least 25 but less than 30 years of such service as of 37 such date; or (iii) 2,475 dollars, if he or she has at least 30 years of 38 such service as of such date. 39 (e) Effective April 1, 2024: 40 (1) the basic annual salary of each such nonjudicial officer and 41 employee shall be increased by an amount equal to 3 percent thereof (and 42 then rounded up to the nearest dollar); and 43 (2) each such nonjudicial officer and employee in the employ of the 44 unified court system having at least 20 years of continuous service in 45 the employ of the unified court system as of the preceding March 31 46 shall receive a bonus equaling: (i) 2,340 dollars, if he or she has less 47 than 25 years of such service as of such date; or (ii) 2,440 dollars, if 48 he or she has at least 25 but less than 30 years of such service as of 49 such date; or (iii) 2,550 dollars, if he or she has at least 30 years of 50 such service as of such date. 51 (f) Effective April 1, 2025: 52 (1) the basic annual salary of each such nonjudicial officer and 53 employee shall be increased by an amount equal to 3 percent thereof (and 54 then rounded up to the nearest dollar); and 55 (2) each such nonjudicial officer and employee in the employ of the 56 unified court system having at least 20 years of continuous service inA. 1003 11 1 the employ of the unified court system as of the preceding March 31 2 shall receive a bonus equaling: (i) 2,410 dollars, if he or she has less 3 than 25 years of such service as of such date; or (ii) 2,515 dollars, if 4 he or she has at least 25 but less than 30 years of such service as of 5 such date; or (iii) 2,630 dollars, if he or she has at least 30 years of 6 such service as of such date. 7 § 5. Additional payment. Each nonjudicial officer and employee to whom 8 the provisions of section three or four of this act apply shall be enti- 9 tled to a one-time lump sum payment of 3,000 dollars provided he or she 10 is in the employ of the unified court system: (i) on the effective date 11 of this act, if he or she is not in a collective negotiating unit estab- 12 lished pursuant to article 14 of the civil service law, or (ii) on the 13 date the members of such a collective negotiating unit ratify a collec- 14 tive bargaining agreement providing for such payment for officers and 15 employees in positions in such unit, if he or she is in such a collec- 16 tive negotiating unit. 17 § 6. Location pay. (a) Notwithstanding any other provision of law: 18 (1) Effective during the fiscal years commencing on the dates specified 19 in this paragraph, each nonjudicial officer and employee to whom the 20 provisions of section three or four of this act apply and whose princi- 21 pal place of employment is in the city of New York or Nassau, Suffolk, 22 Rockland, or Westchester county shall receive location pay at the 23 following rates: 24 (i) 4,300 dollars annually, during the fiscal year commencing April 1, 25 2021; 26 (ii) 4,500 dollars annually, during the fiscal year commencing April 27 1, 2022; 28 (iii) 4,635 dollars annually, during the fiscal year commencing April 29 1, 2023; 30 (iv) 4,775 dollars annually, during the fiscal year commencing April 31 1, 2024; 32 (v) 4,920 dollars annually, during the fiscal year commencing April 1, 33 2025 and during each fiscal year commencing each April 1 thereafter. 34 (2) Effective during the fiscal years commencing on the dates speci- 35 fied in this paragraph, each nonjudicial officer and employee to whom 36 the provisions of section three or four of this act apply and whose 37 principal place of employment is in Dutchess, Putnam, or Orange county 38 shall receive location pay at the following rates: 39 (i) 2,150 dollars annually, during the fiscal year commencing April 1, 40 2021; 41 (ii) 2,250 dollars annually, during the fiscal year commencing April 42 1, 2022; 43 (iii) 2,318 dollars annually, during the fiscal year commencing April 44 1, 2023; 45 (iv) 2,388 dollars annually, during the fiscal year commencing April 46 1, 2024; 47 (v) 2,460 dollars annually, during the fiscal year commencing April 1, 48 2025 and during each fiscal year commencing each April 1 thereafter. 49 (3) Effective during the fiscal year commencing April 1, 2021 and 50 during each fiscal year commencing each April 1 thereafter, each nonju- 51 dicial officer and employee to whom the provisions of section three or 52 four of this act apply and whose principal place of employment is in 53 Monroe county and who was entitled to receive annual location pay pursu- 54 ant to paragraph 3 of subdivision (a) of section 5 of chapter 400 of the 55 laws of 2014 shall continue to receive such location pay in the amount 56 specified in such paragraph.A. 1003 12 1 (b) The location pay provided in this section shall be in lieu of any 2 other location pay provided by law; except that, where a nonjudicial 3 officer or employee eligible to receive location pay pursuant to the 4 provisions of this section has received location pay during a fiscal 5 year commencing on or after April 1, 2021, pursuant to law other than a 6 provision of this act, the amount of location pay authorized by this 7 section shall be reduced by the amount of the location pay that was 8 received. 9 (c) Except as provided in subdivision (a) of this section, no nonjudi- 10 cial officer and employee to whom the provisions of section three or 11 four of this act apply shall receive location pay. Any location pay 12 authorized hereunder shall be in addition to and shall not be a part of 13 an employee's basic annual salary and shall not impair rights or bene- 14 fits to which an employee may be entitled by law; provided, however, 15 that location pay shall be included as compensation for purposes of 16 computation of overtime pay and for retirement purposes. Location pay, 17 as provided in this section, shall be prorated for any nonjudicial offi- 18 cer and employee to whom the provisions of section three or four of this 19 act apply and whose position is part-time, but not compensated on a per 20 diem or hourly basis. 21 § 7. Payment to certain nonjudicial officers and employees who are 22 authorized to carry a firearm while on duty. (a) (1) Except as other- 23 wise provided in subdivision (b) of this section, an annual payment 24 shall be made on April first of each fiscal year specified hereunder to 25 each nonjudicial officer and employee to whom the provisions of section 26 three of this act apply who is in a title on such date in the security 27 series under the unified court system's classification structure and who 28 has: (i) served the equivalent of 120 workdays in a title in such secu- 29 rity series during the preceding state fiscal year; and (ii) received 30 other than an unsatisfactory performance rating for his or her services 31 during the year immediately preceding pursuant to a performance evalu- 32 ation system set forth in an agreement specified in section one of this 33 act. The amount of such annual payment shall equal: 34 (A) 750 dollars, on April 1, 2021; 35 (B) 800 dollars, on April 1, 2022; 36 (C) 825 dollars, on April 1, 2023; 37 (D) 850 dollars, on April 1, 2024; and 38 (E) 875 dollars, on April 1, 2025 and on each April 1 thereafter. 39 (2) Such payment shall not be a part of an employee's basic annual 40 salary but shall be included as compensation for retirement purposes. 41 Such payment shall also be prorated for any such nonjudicial officer or 42 employee otherwise entitled thereto whose position is part-time, but not 43 compensated on a per diem or hourly basis. 44 (b) (1) Effective April 1, 2023 and each April first thereafter, a 45 nonjudicial officer or employee otherwise entitled to an annual payment 46 pursuant to subdivision (a) of this section who is in the court offi- 47 cer-trainee title shall not receive such payment where it would be the 48 first such payment he or she receives pursuant to such subdivision 49 unless he or she had served the equivalent of 120 workdays in such title 50 during the twelve-month period ending as of the preceding October first. 51 (2) Notwithstanding any other provision of this section, no nonjudi- 52 cial officer or employee shall receive the payment prescribed herein on 53 April 1, 2021 or April 1, 2022 if, prior to the effective date of this 54 section, he or she already received such payment pursuant to law other 55 than a provision of this act.A. 1003 13 1 § 8. Vacation credit exchange. (a) This section shall apply to nonju- 2 dicial officers and employees specified in section three or four of this 3 act. 4 (b) Notwithstanding any other provision of law, each such nonjudicial 5 officer or employee who is entitled to earn and accumulate vacation 6 and/or overtime credits may elect to receive a cash payment in exchange 7 for such credits as follows: 8 (1) effective in the month of January in 2023 (or within 30 days 9 following the date on which this act becomes a law where such date is 10 later than January 1, 2023), such nonjudicial officer or employee may 11 exchange no less than 2 days nor more than 10 days of such earned and 12 accumulated vacation and/or overtime credits standing to the employee's 13 credit at the time of election; 14 (2) effective in the month of August in each of the calendar years 15 2023, 2024, and 2025, such nonjudicial officer or employee may exchange 16 no less than 2 days nor more than 5 days of such earned and accumulated 17 vacation and/or overtime credits standing to the employee's credit at 18 the time of the election. 19 Notwithstanding the foregoing, no exchange pursuant to this section 20 may leave an officer or employee with less than 10 days of such earned 21 and accumulated credits standing to the employee's credit. 22 Each cash payment authorized by this subdivision shall be effective on 23 the date the affected nonjudicial officer or employee exchanges his or 24 her vacation and/or overtime credits therefor in accordance with subdi- 25 vision (c) of this section. 26 (c) Cash payments in accordance with this section shall be at a rate 27 established by the chief administrator of the courts, subject to the 28 terms of any agreement negotiated between the state and an employee 29 organization pursuant to article 14 of the civil service law. Such 30 payments shall be paid in addition to and shall not be a part of an 31 employee's basic annual salary, nor shall they be included as compen- 32 sation for retirement purposes. Such payments shall not be regarded as 33 compensation for purposes of computation of overtime pay. The chief 34 administrator may adopt such regulations the chief administrator may 35 deem necessary to carry out the provisions of this act, subject to the 36 terms of any agreement negotiated between the state and an employee 37 organization pursuant to article 14 of the civil service law. 38 § 8-a. Uniform allowance. Where a nonjudicial officer or employee, to 39 whom the provisions of section three or four of this act apply, is enti- 40 tled to receive a uniform allowance pursuant to a collective bargaining 41 agreement specified in section one of this act, such allowance shall not 42 be a part of such employee's basic annual salary but shall be included 43 as compensation for retirement purposes. 44 § 9. Collective bargaining agreement required. The provisions of 45 sections three through eight-a of this act shall not be implemented for 46 nonjudicial officers and employees in a collective negotiating unit 47 established pursuant to article 14 of the civil service law until the 48 chief administrator of the courts shall deliver to the comptroller a 49 certificate that there is in effect with respect to such negotiating 50 unit a written collective bargaining agreement with the state pursuant 51 to article 14 of the civil service law which provides therefor; and any 52 increase in compensation, including increases in basic annual salary, 53 increments or partial increments, bonuses, or payments, provided by 54 sections three through eight-a of this act or otherwise authorized by 55 law:A. 1003 14 1 (a) may be withheld in whole or in part from any nonjudicial officer 2 and employee not in a collective negotiating unit established pursuant 3 to article 14 of the civil service law when in the opinion of the chief 4 administrator, such increase is not warranted or is not appropriate; and 5 (b) shall not preclude any other increases in compensation for such a 6 nonjudicial officer or employee as may be authorized by law. 7 § 10. Date of entitlement to salary increase. Notwithstanding the 8 provisions of this act or any other law, each increase in salary or 9 compensation for nonjudicial officers or employees provided by this act 10 shall be added to the salary or compensation of such officer or employee 11 at the beginning of the payroll period the first day of which is nearest 12 to the effective date of such increase as provided in this act; 13 provided, however, for the purposes of determining the salary of such 14 officer or employee upon reclassification, reallocation, appointment, 15 promotion, transfer, demotion, reinstatement or other change of status, 16 such salary increase shall be deemed to be effective on the date thereof 17 as prescribed in this act, and the payment thereof pursuant to this 18 section on the date prior thereto instead of on such effective date, 19 shall not operate to confer any additional salary rights or benefits on 20 such officer or employee. 21 § 11. Deferred payment of salary increase. Notwithstanding the 22 provisions of this act or any other law, commencing April 1, 2021, and 23 pending payment pursuant to this act of the basic annual salaries of 24 incumbents of positions subject to this act commencing April 1, 2021, 25 such incumbents shall receive, as partial compensation for services 26 rendered, the rate of compensation otherwise payable in their respective 27 positions pursuant to law then in effect. An incumbent holding a posi- 28 tion subject to this act at any time during the period from April 1, 29 2021 until the time when basic annual salaries are first paid pursuant 30 to this act for such service in excess of the compensation actually 31 received therefor shall be entitled to a lump sum payment for the 32 difference between the salary to which such incumbent is entitled for 33 such service and the compensation actually received therefor. Such lump 34 sum payment shall be made as soon as practicable. 35 § 12. Subdivision (i) of section 3 of chapter 400 of the laws of 2014, 36 relating to terms and conditions of employment of certain nonjudicial 37 officers and employees of the unified court system, is REPEALED and a 38 new subdivision (i) is added to read as follows: 39 (i) (A) This section shall apply only to nonjudicial officers and 40 employees who are in positions that are not in a collective negotiating 41 unit established pursuant to article 14 of the civil service law or that 42 are in the state judiciary collective negotiating unit. 43 (B) Effective April 1, 2021, each such nonjudicial officer or employee 44 who has completed at least four years of continuous service at a basic 45 annual salary rate equal to or higher than the maximum rate of the 46 employee's salary grade as of the preceding March 31 shall receive an 47 annual longevity payment equaling (1) 2,300 dollars, if he or she has 48 completed less than 8 years of such service as of such date, (2) 4,700 49 dollars, if he or she has completed at least 8 but less than 13 years of 50 such service as of such date, or (3) 6,900 dollars, if he or she has 51 completed at least 13 years of such service as of such date. 52 (C) Effective April 1, 2022, each such nonjudicial officer or employee 53 who has completed at least 4 years of continuous service at a basic 54 annual salary rate equal to or higher than the maximum rate of the 55 employee's salary grade as of the preceding March 31 shall receive an 56 annual longevity payment equaling (1) 2,400 dollars, if he or she hasA. 1003 15 1 completed less than 8 years of such service as of such date, (2) 4,900 2 dollars, if he or she has completed at least 8 but less than 13 years of 3 such service as of such date, or (3) 6,900 dollars, if he or she has 4 completed at least 13 years of such service as of such date. 5 (D) Effective April 1, 2023, April 1, 2024, and April 1, 2025, each 6 such nonjudicial officer or employee who has completed at least 8 years 7 of continuous service at a basic annual salary rate equal to or higher 8 than the maximum rate of the employee's salary grade as of the preceding 9 March 31 shall receive an annual longevity payment equaling (1) 5,050 10 dollars (5,200 dollars effective April 1, 2024, or 5,355 dollars effec- 11 tive April 1, 2025), if he or she has completed less than 13 years of 12 such service as of such date, (2) 6,900 dollars, if he or she has 13 completed at least 13 years of such service as of such date. Notwith- 14 standing the foregoing, where a nonjudicial officer or employee is enti- 15 tled to receive an annual longevity payment pursuant to subparagraph (1) 16 of this paragraph on April 1, 2023, the amount of any annual longevity 17 payment to which he or she shall be entitled on April 1, 2024 and April 18 1, 2025 shall be determined as if he or she had fewer than 13 years of 19 service as of such date regardless of the number of actual years of 20 service he or she may have. 21 § 13. Subdivision (i) of section 3 of chapter 400 of the laws of 2014, 22 relating to terms and conditions of employment of certain nonjudicial 23 officers and employees of the unified court system, is REPEALED. 24 § 14. This act shall take effect immediately and shall be deemed to 25 have been in full force and effect on and after April 1, 2021; except 26 that section thirteen of this act shall take effect March 31, 2026.
