STATE OF NEW YORK
________________________________________________________________________
7047
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.
LBD11072-01-9
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.