Bill Text: NY A07047 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to salary adjustments according to plan and step-ups or increments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-22 - substituted by s5052 [A07047 Detail]

Download: New_York-2019-A07047-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN  ACT  to  amend  the  public  authorities  law, in relation to salary
          adjustments according to plan and step-ups or increments
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  3 of section 3669 of the
     2  public authorities law, as amended by chapter 355 of the laws  of  2018,
     3  is amended to read as follows:
     4    (a)  During  a  control period, upon a finding by the authority that a
     5  wage freeze is essential to the adoption  or  maintenance  of  a  county
     6  budget  or  a  financial plan that is in compliance with this title, the
     7  authority, after enactment of a resolution so  finding,  may  declare  a
     8  fiscal  crisis.  Upon  making such a declaration, the authority shall be
     9  empowered to order that all increases in salary or wages of employees of
    10  the county and employees of covered organizations which will take effect
    11  after the date of the order pursuant  to  collective  bargaining  agree-
    12  ments,  other analogous contracts or interest arbitration awards, now in
    13  existence or hereafter entered into, requiring such salary increases  as
    14  of  any  date thereafter are suspended. Such order may also provide that
    15  all increased payments for holiday and vacation differentials, and shift
    16  differentials for employees of  the  county  and  employees  of  covered
    17  organizations  which will take effect after the date of the order pursu-
    18  ant to collective bargaining agreements, other  analogous  contracts  or
    19  interest  arbitration awards requiring such increased payments as of any
    20  date thereafter are, in the same manner, suspended. Such order may  also
    21  provide  that all increased payments for salary adjustments according to
    22  plan and step-ups or increments be suspended;  provided,  however,  when
    23  (i) the county executive provides a four year financial plan approved by
    24  the  county  legislature pursuant to paragraph (a) of subdivision two of
    25  section thirty-six hundred sixty-seven of this title and  the  authority
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7047                             2
     1  determines,  pursuant  to  paragraph  (b) of such subdivision, that such
     2  financial plan is complete and complies with the standards set forth  in
     3  such  subdivision,  and  (ii) the authority makes a certification to the
     4  county  setting  forth  revenue  estimates agreed to by the authority in
     5  accordance with such determination, the salary adjustments according  to
     6  plan and step-ups or increments, not including cost of living increases,
     7  shall  not  be  suspended for each year in which the four year financial
     8  plan has been certified. This [section] inability to suspend the  salary
     9  adjustments according to plan and step-ups or increments shall be appli-
    10  cable to county employees and employees of covered organizations, wheth-
    11  er or not they are covered by a collectively negotiated agreement, if an
    12  individual  employee  or members of an employee's bargaining unit previ-
    13  ously participated in a wage freeze implemented by the  authority  under
    14  this section and such wage freeze was subsequently lifted by the author-
    15  ity by the issuance of a resolution, pursuant to paragraph (b) or (c) of
    16  this subdivision [three of section thirty-six hundred sixty-nine of this
    17  title],  certifying  that  the  suspension of their wage increases or an
    18  agreement by the collective bargaining representative or by such  unrep-
    19  resented  employee was an acceptable and appropriate contribution toward
    20  alleviating the fiscal crisis of the county. Irrespective of  the  dura-
    21  tion of any approved or accepted four-year financial plan, for employees
    22  who  are  members  of  a  bargaining unit, this inability to suspend the
    23  salary adjustment according to plan and  step-ups  or  increments  shall
    24  take  effect  October first, two thousand sixteen and shall be in effect
    25  for employees for the duration of the next collective bargaining  agree-
    26  ment succeeding either (i) the collective bargaining agreement in effect
    27  on  November  sixth,  two  thousand  eighteen  or (ii) the most recently
    28  expired collective bargaining agreement prior  to  November  sixth,  two
    29  thousand  eighteen;  whichever  is later.   If the succeeding collective
    30  bargaining agreement's duration is modified, extended, or renewed,  this
    31  modification,  extension or renewal does not modify, extend or renew the
    32  term of the inability to suspend salary adjustments  according  to  plan
    33  and  step-ups  or  increments.  For  employees  who are not members of a
    34  bargaining unit, this inability to suspend the salary adjustment accord-
    35  ing to plan and step-ups or increments shall be effective October first,
    36  two thousand sixteen through December first,  two  thousand  twenty-one.
    37  For the purposes of computing the pension base of retirement allowances,
    38  any  suspended salary or wage increases and any suspended other payments
    39  shall not be considered as part of compensation or final compensation or
    40  of annual salary earned or earnable. The  suspensions  authorized  here-
    41  under  shall continue until one year after the date of the order and, to
    42  the extent of any determination of the authority that a continuation  of
    43  such  suspensions, to a date specified by the authority, is necessary in
    44  order to achieve the objectives of the financial plan, such  suspensions
    45  shall  be  continued  to the date specified by the authority, which date
    46  shall in no event be later than the end of the interim  finance  period,
    47  provided that such suspensions shall terminate with respect to employees
    48  who  have  agreed  to  a  deferral  of  salary or wage increase upon the
    49  certification of the agreement by the authority  pursuant  to  paragraph
    50  (b) of this subdivision.
    51    §  2.  This  act  shall  take  effect on the same date and in the same
    52  manner as chapter 355 of the laws of 2018, takes effect.