Bill Text: NY A08342 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to terms and conditions of employment for members of the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police; relates to the employee benefit fund for members of such unit; makes an appropriation therefor (Part A); provides for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; continues a doctoral program recruitment and retention enhancement fund; continues work-life services and pre-tax programs; continues a professional development committee; continues a comprehensive college graduate program recruitment and retention fund; continues a fee mitigation fund; continues a downstate location fund; continues a joint labor management advisory board; continues an accidental death benefit; provides compensation for certain state employees in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential pursuant to article 14 of the civil service law and certain employees of contract colleges at Cornell and Alfred Universities; makes an appropriation therefor (Part B).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-03 - SIGNED CHAP.337 [A08342 Detail]
Download: New_York-2019-A08342-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8342 2019-2020 Regular Sessions IN ASSEMBLY June 14, 2019 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Ways and Means AN ACT to amend the executive law, in relation to terms and conditions of employment for members of the collective negotiating unit consist- ing of investigators, senior investigators, and investigative special- ists in the division of state police; to amend the state finance law, in relation to the employee benefit fund for members of such unit; making an appropriation therefor; and repealing certain provisions of the executive law and the state finance law relating thereto (Part A); and to provide for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue work-life services and pre-tax programs; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to contin- ue a joint labor management advisory board; to continue an accidental death benefit; providing compensation for certain state employees in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential pursuant to article 14 of the civil service law and certain employees of contract colleges at Cornell and Alfred Universities; and making an appropriation therefor (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law legislation necessary to implement 2 collective bargaining agreements and to implement changes to salary and 3 benefits for certain state officers and employees excluded from collec- 4 tive negotiating units. Each component is wholly contained within a Part 5 identified as Parts A and B. The effective date for each particular 6 provision contained within such Part is set forth in the last section of 7 such Part. Any provision in any section contained within a Part, includ- 8 ing the effective date of the Part, which makes reference to a section 9 "of this act", when used in connection with that particular component, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12030-02-9A. 8342 2 1 shall be deemed to mean and refer to the corresponding section of the 2 Part in which it is found. Section two of this act sets forth the gener- 3 al severability clause applicable to this act. Section three of this act 4 sets forth the general effective date of this act. 5 PART A 6 COLLECTIVE BARGAINING AGREEMENT BETWEEN 7 THE STATE OF NEW YORK AND THE NEW YORK STATE POLICE INVESTIGATORS 8 ASSOCIATION 9 FOR 2018-2023 10 Section 1. Paragraph a of subdivision 3 of section 216 of the execu- 11 tive law is REPEALED and a new paragraph a is added to read as follows: 12 a. Salary schedules for investigators, senior investigators, and 13 investigative specialists in the division of state police. 14 (1) Effective April first, two thousand eighteen, members assigned to 15 the bureau of criminal investigation as investigators and investigative 16 specialists appointed to the bureau by the superintendent, shall receive 17 a basic annual salary pursuant to the following schedule: 18 New York City Orange 19 Nassau Rockland Putnam 20 YOS Suffolk Westchester Dutchess All Other 21 0 - 1 $104,822 $104,516 $103,353 $103,134 22 1 - 2 $104,822 $104,516 $103,353 $103,134 23 2 - 3 $104,822 $104,516 $103,353 $103,134 24 3 - 4 $104,822 $104,516 $103,353 $103,134 25 4 - 5 $104,822 $104,516 $103,353 $103,134 26 5 - 6 $104,822 $104,516 $103,353 $103,134 27 6+ $104,822 $104,516 $103,353 $103,134 28 (2) Effective April first, two thousand nineteen, members assigned to 29 the bureau of criminal investigation as investigators and investigative 30 specialists appointed to the bureau by the superintendent, shall receive 31 a basic annual salary pursuant to the following schedule: 32 New York City Orange 33 Hired on or Nassau Rockland Putnam 34 After Suffolk Westchester Dutchess All Other 35 YOS 10/1/19 36 0 - 1 $100,000 $106,918 $106,606 $105,420 $105,197 37 1 - 2 $106,918 $106,606 $105,420 $105,197 38 2 - 3 $106,918 $106,606 $105,420 $105,197 39 3 - 4 $106,918 $106,606 $105,420 $105,197 40 4 - 5 $106,918 $106,606 $105,420 $105,197 41 5 - 6 $106,918 $106,606 $105,420 $105,197 42 6+ $106,918 $106,606 $105,420 $105,197 43 (3) Effective April first, two thousand twenty, members assigned to 44 the bureau of criminal investigation as investigators and investigative 45 specialists appointed to the bureau by the superintendent, shall receive 46 a basic annual salary pursuant to the following schedule: 47 Hired on New York City Orange 48 Or After Nassau Rockland Putnam 49 YOS 10/1/19 Suffolk Westchester Dutchess All Other 50 0 - 1 $102,000 $109,056 $108,738 $107,528 $107,301 51 1 - 2 $105,000 $109,056 $108,738 $107,528 $107,301 52 2 - 3 $109,056 $108,738 $107,528 $107,301 53 3 - 4 $109,056 $108,738 $107,528 $107,301A. 8342 3 1 4 - 5 $109,056 $108,738 $107,528 $107,301 2 5 - 6 $109,056 $108,738 $107,528 $107,301 3 6+ $110,090 $109,773 $108,560 $108,334 4 (4) Effective April first, two thousand twenty-one, members assigned 5 to the bureau of criminal investigation as investigators and investi- 6 gative specialists appointed to the bureau by the superintendent, shall 7 receive a basic annual salary pursuant to the following schedule: 8 New York 9 Hired on City Orange 10 Or After Nassau Rockland Putnam 11 YOS 10/1/19 Suffolk Westchester Dutchess All Other 12 0 - 1 $104,040 $111,237 $110,913 $109,679 $109,447 13 1 - 2 $107,100 $111,237 $110,913 $109,679 $109,447 14 2 - 3 $111,237 $110,913 $109,679 $109,447 15 3 - 4 $111,237 $110,913 $109,679 $109,447 16 4 - 5 $111,237 $110,913 $109,679 $109,447 17 5 - 6 $111,237 $110,913 $109,679 $109,447 18 6+ $112,292 $111,968 $110,731 $110,501 19 (5) Effective April first, two thousand twenty-two, members assigned 20 to the bureau of criminal investigation as investigators and investi- 21 gative specialists appointed to the bureau by the superintendent, shall 22 receive a basic annual salary pursuant to the following schedule: 23 New York City Orange 24 Nassau Rockland Putnam 25 YOS Suffolk Westchester Dutchess All Other 26 0 - 1 $106,121 $106,121 $106,121 $106,121 27 1 - 2 $109,242 $109,242 $109,242 $109,242 28 2 - 3 $113,462 $113,131 $111,873 $111,636 29 3 - 4 $113,462 $113,131 $111,873 $111,636 30 4 - 5 $113,462 $113,131 $111,873 $111,636 31 5 - 6 $113,462 $113,131 $111,873 $111,636 32 6+ $114,538 $114,207 $112,946 $112,711 33 (6) Effective April first, two thousand eighteen, members assigned to 34 the bureau of criminal investigation as senior investigators appointed 35 to the bureau by the superintendent, shall receive a basic annual salary 36 pursuant to the following schedule: 37 New York City Orange 38 Nassau Rockland Putnam 39 YOS Suffolk Westchester Dutchess All Other 40 0 - 1 $116,061 $115,755 $114,590 $114,374 41 1 - 2 $116,061 $115,755 $114,590 $114,374 42 2 - 3 $116,061 $115,755 $114,590 $114,374 43 3 - 4 $116,061 $115,755 $114,590 $114,374 44 4 - 5 $116,061 $115,755 $114,590 $114,374 45 5 - 6 $116,061 $115,755 $114,590 $114,374 46 6+ $116,061 $115,755 $114,590 $114,374 47 (7) Effective April first, two thousand nineteen, members assigned to 48 the bureau of criminal investigation as senior investigators appointed 49 to the bureau by the superintendent, shall receive a basic annual salary 50 pursuant to the following schedule:A. 8342 4 1 New York City Orange 2 Nassau Rockland Putnam 3 YOS Suffolk Westchester Dutchess All Other 4 0 - 1 $118,382 $118,070 $116,882 $116,661 5 1 - 2 $118,382 $118,070 $116,882 $116,661 6 2 - 3 $118,382 $118,070 $116,882 $116,661 7 3 - 4 $118,382 $118,070 $116,882 $116,661 8 4 - 5 $118,382 $118,070 $116,882 $116,661 9 5 - 6 $118,382 $118,070 $116,882 $116,661 10 6+ $118,382 $118,070 $116,882 $116,661 11 (8) Effective April first, two thousand twenty, members assigned to 12 the bureau of criminal investigation as senior investigators appointed 13 to the bureau by the superintendent, shall receive a basic annual salary 14 pursuant to the following schedule: 15 New York City Orange 16 Nassau Rockland Putnam 17 YOS Suffolk Westchester Dutchess All Other 18 0 - 1 $120,750 $120,431 $119,220 $118,994 19 1 - 2 $120,750 $120,431 $119,220 $118,994 20 2 - 3 $120,750 $120,431 $119,220 $118,994 21 3 - 4 $120,750 $120,431 $119,220 $118,994 22 4 - 5 $120,750 $120,431 $119,220 $118,994 23 5 - 6 $120,750 $120,431 $119,220 $118,994 24 6+ $121,781 $121,462 $120,253 $120,026 25 (9) Effective April first, two thousand twenty-one, members assigned 26 to the bureau of criminal investigation as senior investigators 27 appointed to the bureau by the superintendent, shall receive a basic 28 annual salary pursuant to the following schedule: 29 New York City Orange 30 Nassau Rockland Putnam 31 YOS Suffolk Westchester Dutchess All Other 32 0 - 1 $123,165 $122,840 $121,604 $121,374 33 1 - 2 $123,165 $122,840 $121,604 $121,374 34 2 - 3 $123,165 $122,840 $121,604 $121,374 35 3 - 4 $123,165 $122,840 $121,604 $121,374 36 4 - 5 $123,165 $122,840 $121,604 $121,374 37 5 - 6 $123,165 $122,840 $121,604 $121,374 38 6+ $124,217 $123,891 $122,658 $122,427 39 (10) Effective April first, two thousand twenty-two, members assigned 40 to the bureau of criminal investigation as senior investigators 41 appointed to the bureau by the superintendent, shall receive a basic 42 annual salary pursuant to the following schedule: 43 New York City Orange 44 Nassau Rockland Putnam 45 YOS Suffolk Westchester Dutchess All Other 46 0 - 1 $125,628 $125,297 $124,036 $123,801 47 1 - 2 $125,628 $125,297 $124,036 $123,801 48 2 - 3 $125,628 $125,297 $124,036 $123,801 49 3 - 4 $125,628 $125,297 $124,036 $123,801 50 4 - 5 $125,628 $125,297 $124,036 $123,801 51 5 - 6 $125,628 $125,297 $124,036 $123,801 52 6+ $126,701 $126,369 $125,111 $124,876A. 8342 5 1 (11) With respect to subparagraphs one, two, three, four, five, six, 2 seven, eight, nine and ten of this paragraph, members assigned to the 3 bureau of criminal investigation as investigators, investigative 4 specialists and senior investigators appointed to the bureau by the 5 superintendent shall be paid a basic annual salary consistent with their 6 years of service in the bureau and their principal place of employment, 7 or, in the case of a field employee, whose official station, as deter- 8 mined in accordance with the regulations of the state comptroller, is 9 located in the city of New York or in the counties of Orange, Putnam, 10 Dutchess, Rockland, Westchester, Nassau, or Suffolk, except that: (a) 11 With respect to subparagraphs two, three, and four of this paragraph, 12 members assigned to the bureau of criminal investigation as investi- 13 gators and investigative specialists appointed to the bureau by the 14 superintendent on or after October first, two thousand nineteen shall be 15 paid a basic annual salary consistent with their years of service in the 16 bureau corresponding to the column titled "Hired on or after 10/1/19". 17 When such member completes one year of service, such member shall move 18 to the next basic annual salary consistent with their years of service 19 in the bureau corresponding to the column titled "Hired on or after 20 10/1/19". When such member completes two years of service, such member 21 shall move to the next basic annual salary corresponding to their years 22 of service within the bureau and their principal place of employment, 23 or, in the case of a field employee, whose official station, as deter- 24 mined in accordance with the regulations of the state comptroller, is 25 located in the city of New York or in the counties of Orange, Putnam, 26 Dutchess, Rockland, Westchester, Nassau, or Suffolk; and (b) With 27 respect to subparagraphs two, three, four and five of this paragraph, 28 members assigned to the bureau of criminal investigation as investi- 29 gators and investigative specialists appointed to the bureau by the 30 superintendent before October first, two thousand nineteen shall be paid 31 a basic annual salary consistent with their years of service in the 32 bureau and their principal place of employment, or, in the case of a 33 field employee, whose official station, as determined in accordance with 34 the regulations of the state comptroller, is located in the city of New 35 York or in the counties of Orange, Putnam, Dutchess, Rockland, Westches- 36 ter, Nassau, or Suffolk. When such member completes a year of service, 37 such member shall move to the basic annual salary consistent with their 38 years of service in the bureau and their principal place of employment, 39 or, in the case of a field employee, whose official station, as deter- 40 mined in accordance with the regulations of the state comptroller, is 41 located in the city of New York or in the counties of Orange, Putnam, 42 Dutchess, Rockland, Westchester, Nassau, or Suffolk. 43 (12) When any member assigned to the bureau of criminal investigation 44 completes a year of service entitling them to move to a higher salary, 45 they shall be paid the higher salary at the start of the pay period 46 immediately following their completion of the required years of service 47 in the bureau that entitles them to the next higher salary. 48 § 2. Paragraph b of subdivision 2 of section 207-b of the state 49 finance law is REPEALED and a new paragraph b is added to read as 50 follows: 51 b. Pursuant to the terms of an agreement negotiated between the execu- 52 tive branch of the state of New York and the employee organization 53 representing the collective negotiating unit consisting of investi- 54 gators, senior investigators, and investigative specialists in the divi- 55 sion of state police, and upon audit and warrant of the state comp- 56 troller, the director shall provide for the payment of monies to suchA. 8342 6 1 employee organization for the establishment and maintenance of an 2 employee benefit fund established by the employee organization for the 3 employees in the collective negotiating unit covered by the controlling 4 provisions of such agreement providing for such employee benefit fund, 5 such amount to be determined consistent with said agreement, including 6 any and all monies agreed to be transferred in said agreement, and on 7 the basis of the number of full-time annual salaried employees, other 8 than full-time seasonal employees, on the payroll on March first, two 9 thousand eighteen, for payments to be made on April first, two thousand 10 eighteen, and on the payroll on March first, two thousand nineteen, for 11 payments to be made on April first, two thousand nineteen and on the 12 payroll on March first, two thousand twenty, for payments to be made on 13 April first, two thousand twenty and on the payroll on March first, two 14 thousand twenty-one, for payments to be made on April first, two thou- 15 sand twenty-one and on the payroll on March first, two thousand twenty- 16 two, for payments to be made on April first, two thousand twenty-two. 17 The amount, which will be determined pursuant to this section, for 18 employees who are paid from special or administrative funds, other than 19 the general fund or the capital projects fund of the state, will be paid 20 from the appropriations as provided by law, in which case the state 21 comptroller shall establish procedures to ensure repayment from said 22 special or administrative funds. The director shall enter into an agree- 23 ment with an employee organization, which sets forth the specific terms 24 and conditions for the transmittal of monies pursuant to this section. 25 § 3. Subdivision 2 of section 216-c of the executive law is REPEALED 26 and a new subdivision 2 is added to read as follows: 27 2. In addition to the compensation provided in subdivision one of this 28 section, members of the collective negotiating unit consisting of inves- 29 tigators, senior investigators and investigative specialists in the 30 division of state police, on the payroll on November first of each year, 31 shall receive holiday compensation as follows: 32 April 1, 2018 $1,646 33 April 1, 2019 $1,679 34 April 1, 2020 $1,713 35 April 1, 2021 $1,747 36 April 1, 2022 $1,782 37 Such payments shall be in addition to, and shall not be part of, the 38 member's annual basic salary, except for the purpose of retirement, and 39 shall be made in a separate check during the payroll period which 40 includes December first each year. 41 § 4. Health benefits committee. Pursuant to the terms of an agreement 42 negotiated between the executive branch of the state of New York and the 43 employee organization representing the collective negotiating unit 44 consisting of investigators, senior investigators, and investigative 45 specialists in the division of state police, during the period April 1, 46 2018 through March 31, 2023, there shall continue to be a committee on 47 health benefits funded in the following amounts: 48 April 1, 2018 - March 31, 2019 $5,466 49 April 1, 2019 - March 31, 2020 $5,575 50 April 1, 2020 - March 31, 2021 $5,687 51 April 1, 2021 - March 31, 2022 $5,801 52 April 1, 2022 - March 31, 2023 $5,917 53 One-half of this amount in each year shall be made available to the 54 state and one-half shall be made available to the employee organization 55 representing such unit.A. 8342 7 1 § 5. Maintenance allowance. (a) Pursuant to the terms of an agreement 2 negotiated between the executive branch of the state of New York and the 3 employee organization representing the collective negotiating unit 4 consisting of investigators, senior investigators, and investigative 5 specialists in the division of state police, each member of such unit 6 shall receive a maintenance allowance as follows: 7 April 1, 2018 $3,389 8 April 1, 2019 $3,457 9 April 1, 2020 $3,526 10 April 1, 2021 $3,597 11 April 1, 2022 $3,669 12 (b) Such maintenance allowance shall be paid on an annualized basis in 13 regular bi-weekly paychecks. Such additional compensation, as provided 14 in this section, shall be in addition to, and shall not be part of, the 15 member's basic annual salary, and shall not affect or impair any rights 16 or benefits to which the member may be entitled; provided, however, that 17 such additional compensation shall be included as compensation for 18 purposes of computation of overtime pay and retirement. 19 § 6. Expertise pay. (a) Notwithstanding any other provision of law to 20 the contrary, pursuant to the terms of an agreement negotiated between 21 the executive branch of the state of New York and the employee organiza- 22 tion representing the collective negotiating unit consisting of investi- 23 gators, senior investigators, and investigative specialists in the divi- 24 sion of state police, members in such collective negotiating unit shall 25 receive expertise pay as follows: 26 April 1, 2018 $2,450 27 April 1, 2019 $3,734 28 April 1, 2020 $4,234 29 April 1, 2021 $4,484 30 April 1, 2022 $4,734 31 (b) Such expertise pay shall be payable to those unit members on the 32 payroll on November 1 of each year during the pay period that includes 33 December 1. Such additional compensation as provided in this section 34 shall be in addition to, and shall not be part of, the member's basic 35 annual salary, and shall not affect or impair any rights or benefits to 36 which the member may be entitled; provided, however, that such addi- 37 tional compensation shall be included as compensation for purposes of 38 computation of overtime pay and as compensation for retirement. 39 § 7. Professional development and training funds. Pursuant to the 40 terms of an agreement negotiated between the executive branch of the 41 state of New York and the employee organization representing the collec- 42 tive negotiating unit consisting of investigators, senior investigators, 43 and investigative specialists in the division of state police, during 44 the period April 1, 2018 through March 31, 2023, there shall continue to 45 be a professional development and quality of working life committee 46 funded in the following amounts from which the tuition reimbursement 47 program, the master's program, and the employee assistance program shall 48 be supported: 49 April 1, 2018 to March 31, 2019 $89,540 50 April 1, 2019 to March 31, 2020 $91,331 51 April 1, 2020 to March 31, 2021 $93,158 52 April 1, 2021 to March 31, 2022 $95,021 53 April 1, 2022 to March 31, 2023 $96,921 54 § 8. Expanded duty pay. (a) Pursuant to the terms of an agreement 55 negotiated between the executive branch of the state of New York and the 56 employee organization representing the collective negotiating unitA. 8342 8 1 consisting of investigators, senior investigators, and investigative 2 specialists in the division of state police, the annual payment for 3 expanded duty pay shall continue to be $8,702. Effective April 1, 2020, 4 this amount shall be $8,876. Effective April 1, 2021, the amount shall 5 be $9,054. Effective April 1, 2022, this amount shall be $9,235. 6 (b) Such expanded duty pay shall be annualized and paid during regular 7 bi-weekly periods. Such additional compensation as provided in this 8 section shall be in addition to, and shall not be part of, the member's 9 basic annual salary, and shall not affect or impair any rights or bene- 10 fits to which the member may be entitled; provided, however, that such 11 additional compensation shall be included as compensation for purposes 12 of computation of overtime pay and as compensation for retirement. 13 § 9. Supervisory responsibility pay. (a) Pursuant to the terms of an 14 agreement negotiated between the executive branch of the state of New 15 York and the employee organization representing the collective negotiat- 16 ing unit consisting of investigators, senior investigators, and investi- 17 gative specialists in the division of state police, effective March 31, 18 2005, certain members shall continue to receive additional compensation, 19 as prescribed in the interest arbitration award dated February 4, 2005 20 as modified by such agreement, when designated by the division of state 21 police to work as a "unit coordinator", "acting senior investigator", or 22 "acting administrative senior investigator". 23 (b) Such additional compensation as provided in this section shall be 24 in addition to, and shall not be part of, the member's basic annual 25 salary, and shall not affect or impair any rights or benefits to which 26 the member may be entitled; provided, however, that such additional 27 compensation shall be included as compensation for the purposes of 28 computation of overtime pay and retirement. 29 § 10. Location compensation. (a) Notwithstanding any other provision 30 of law to the contrary, members in the collective negotiating unit 31 consisting of investigators, senior investigators, and investigative 32 specialists in the division of state police whose principal place of 33 employment or, in the case of a field employee, whose official station, 34 as determined in accordance with the regulations of the state comp- 35 troller, is located in the county of Monroe, who were on the payroll on 36 March 31, 1985, and who have received this location compensation contin- 37 ually since then, shall continue to receive location pay at the rate of 38 $200 per year; provided that each such member continues to be otherwise 39 eligible. 40 (b) Pursuant to the terms of an agreement negotiated between the exec- 41 utive branch of the state of New York and the employee organization 42 representing the collective negotiating unit consisting of investi- 43 gators, senior investigators, and investigative specialists in the divi- 44 sion of state police, members of such unit whose principal place of 45 employment or, in the case of a field employee, whose official station, 46 as determined in accordance with the regulations of the state comp- 47 troller, is located in the city of New York or in the counties of Rock- 48 land, Westchester, Nassau, or Suffolk shall continue to receive location 49 pay effective April 1, 2010 in the amount of $1,536. Such rate shall be 50 increased as follows: to $1,686 effective April 1, 2019; to $1,720 51 effective April 1, 2020; and to $1,754 effective April 1, 2021. Notwith- 52 standing any other provision of law to the contrary, pursuant to the 53 terms of the agreement negotiated between the state and the employee 54 organization representing the collective negotiating unit consisting of 55 investigators, senior investigators, and investigative specialists in 56 the division of state police, members in this collective negotiatingA. 8342 9 1 unit whose principal place of employment, or, in the case of a field 2 employee, whose official station as determined in accordance with the 3 regulations of the state comptroller, is located in the county of 4 Orange, Putnam or Dutchess shall receive location pay at the rate of 5 $1,754 effective April 1, 2022. 6 (c) Such location pay as provided in this section shall be annualized 7 and paid during the regular bi-weekly periods. Such compensation shall 8 be in addition to and shall not be part of the member's basic annual 9 salary and shall not affect or impair any rights or benefits to which 10 the member may be entitled; provided, however, that location pay shall 11 be included as compensation for the purposes of computation of overtime 12 pay and retirement. 13 § 11. Supplemental location pay. (a) Pursuant to the terms of an 14 agreement negotiated between the executive branch of the state of New 15 York and the employee organization representing the collective negotiat- 16 ing unit consisting of investigators, senior investigators, and investi- 17 gative specialists in the division of state police, members of such unit 18 whose principal place of employment, or, in the case of a field employ- 19 ee, whose official station, as determined in accordance with the regu- 20 lations of the state comptroller, is located in the city of New York or 21 in the county of Putnam, Orange, Dutchess, Rockland, Westchester, 22 Nassau, or Suffolk shall continue to receive supplemental location pay, 23 in addition to the location pay provided in section ten of this act, as 24 follows: 25 Effective Date April 1, April 1, April 1, April 1, April 1, 26 2018 2019 2020 2021 2022 27 Orange/Putnam/ 28 Dutchess $1,280 $1,280 $1,306 $1,332 $1,332 29 NYC/Rockland/ 30 Westchester $1,918 $1,918 $1,956 $1,995 $2,330 31 Nassau/Suffolk $2,239 $2,239 $2,284 $2,330 $2,330 32 (b) Such supplemental location pay shall be annualized and paid during 33 the regular bi-weekly periods. Such compensation shall be in addition to 34 and shall not be part of the member's basic annual salary and shall not 35 affect or impair any rights or benefits to which the member may be enti- 36 tled; provided, however, that supplemental location pay shall be 37 included as compensation for the purposes of computation of overtime pay 38 and retirement. 39 § 12. (a) Notwithstanding any other provision of law to the contrary, 40 pursuant to the terms of an agreement negotiated between the executive 41 branch of the state of New York and the employee organization represent- 42 ing the collective negotiating unit consisting of investigators, senior 43 investigators, and investigative specialists in the division of state 44 police, members in such collective negotiating unit shall, upon reaching 45 eight years of service in the division, receive seniority pay as 46 follows: 47 April 1, 2020 $1,200 48 April 1, 2021 $1,519 49 (b) Such seniority pay shall be annualized and paid during the regular 50 bi-weekly periods. Such compensation shall be in addition to and shall 51 not be part of the member's basic annual salary and shall not affect or 52 impair any rights or benefits to which the member may be entitled; 53 provided, however, that seniority pay shall be included as compensation 54 for the purposes of computation of overtime pay and retirement.A. 8342 10 1 § 13. Unused sick leave at retirement. Pursuant to the terms of an 2 agreement negotiated between the executive branch of the state of New 3 York and the employee organization representing the collective negotiat- 4 ing unit consisting of investigators, senior investigators, and investi- 5 gative specialists in the division of state police, members of such unit 6 shall continue to receive a lump sum cash payment for accumulated and 7 unused sick leave credits standing to the employee's credit at the time 8 of separation from service by retirement. The amount of such payment 9 shall be determined in the following manner: 10 (a) Effective April 1, 1998, the number of days of such accumulated 11 and unused sick leave, not to exceed 300 days, less 165 days, shall be 12 multiplied by the member's daily rate of pay in effect at the time of 13 separation from service by retirement. 14 (b) The lump sum payment shall be one-fifth of such amount provided 15 for in subdivision (a) of this section. 16 (c) Such additional compensation shall be in addition to and shall not 17 be part of the member's basic annual salary and shall not affect or 18 impair any rights or benefits to which the member may be entitled; 19 provided, however, that such additional compensation shall be included 20 as compensation for retirement purposes. 21 § 14. Lump sum payment. Each member of this unit shall receive a lump 22 sum payment in the amount of a .5% increase on a member's basic annual 23 salary for the period April 7, 2016 to April 5, 2017, and a .5% increase 24 on a member's basic annual salary for the period April 6, 2017 to April 25 4, 2018 (inclusive of the .5% increase for the period April 7, 2016 to 26 April 5, 2017). Members who were not on the payroll for this entire 27 period shall receive a pro-rata lump sum payment for the period of time 28 such member was on the payroll during the period April 7, 2016 to April 29 4, 2018. Such additional compensation shall be in addition to, and shall 30 not be part of, the member's annual basic salary, and shall not affect 31 or impair any rights or benefits to which the member may be entitled; 32 provided, however, that such additional compensation shall be included 33 as compensation for overtime and retirement purposes. 34 § 15. Recognized degree pay. (a) Pursuant to the terms of an agreement 35 negotiated between the executive branch of the state of New York and the 36 employee organization representing the collective negotiating unit 37 consisting of investigators, senior investigators, and investigative 38 specialists in the division of state police, members of such unit who 39 possess or obtain a recognized degree from an accredited and recognized 40 college or university on or after April 1, 2001, shall continue to 41 receive a lump sum payment of $250 for an associate degree, $500 for a 42 bachelor's degree, and $750 for a graduate degree. Payment for such 43 degree shall occur annually in June of each year, and shall be for one 44 degree only. When such degree is obtained in a fiscal year, such payment 45 shall be made as soon as practicable after conferral of the degree. 46 (b) Such additional compensation as provided in this section shall be 47 in addition to, and shall not be part of, the member's basic annual 48 salary, and shall not affect or impair any rights or benefits to which 49 the member may be entitled; provided, however, that such additional 50 compensation shall be included as compensation for retirement purposes. 51 § 16. Short swings. Notwithstanding any provision of law to the 52 contrary, pursuant to the terms of an agreement negotiated between the 53 executive branch of the state of New York and the employee organization 54 representing the collective negotiating unit consisting of investi- 55 gators, senior investigators, and investigative specialists in the divi- 56 sion of state police, effective September 1, 2016, members of this unitA. 8342 11 1 who are required to work short swings shall receive compensation of 2 thirty dollars ($30) for each short swing they are required to work and 3 actually work. There shall be no short swing compensation where the 4 short swing is worked at the request of, or for the convenience of the 5 member, as determined by the division of state police. The definition of 6 short swing shall be when there are eight hours or less between the 7 scheduled end time of a Member's tour of duty and the start time of the 8 next scheduled tour of duty. Such compensation shall not be payable if 9 such member's hours of work continue from the end time of the Member's 10 tour of duty to the commencement of the start time of the next scheduled 11 tour of duty without interruption. 12 § 17. Notwithstanding any provision of law to the contrary, pursuant 13 to the terms of an agreement negotiated between the executive branch of 14 the state of New York and the employee organization representing the 15 collective negotiating unit consisting of investigators, senior investi- 16 gators, and investigative specialists in the division of state police, 17 members of such unit shall receive recall overtime only in accordance 18 with the terms of the collective bargaining agreement. 19 § 18. Payment and publication of grievance arbitration settlements and 20 awards. Notwithstanding any provision of law to the contrary, the 21 appropriations contained in this act shall be available to the state for 22 the payment and publication of grievance arbitration settlements and 23 awards pursuant to article 15 of the collective negotiating agreement 24 between the state and the employee organization representing the collec- 25 tive negotiating unit consisting of investigators, senior investigators, 26 and investigative specialists in the division of state police, such 27 provisions being in effect pursuant to paragraph (e) of subdivision 1 of 28 section 209-a of the civil service law. 29 § 19. The compensation and benefit modifications provided for by this 30 act for state employees in the collective negotiating unit consisting of 31 investigators, senior investigators, and investigative specialists in 32 the division of state police pursuant to article 14 of the civil service 33 law shall not be implemented until the director of employee relations 34 shall have delivered to the director of the budget and the comptroller a 35 letter certifying that there is in effect with respect to such negotiat- 36 ing unit a collective bargaining agreement which provides for such 37 compensation and benefit modifications and which is fully executed in 38 writing with the state pursuant to article 14 of the civil service law, 39 and ratified pursuant to the ratification procedure of the employee 40 organization certified pursuant to article 14 of the civil service law 41 to represent such collective negotiating unit. 42 § 20. Date of entitlement to salary increase. Notwithstanding the 43 provisions of this act or of any other provision of law to the contrary, 44 the increase of salary or compensation of any member of the collective 45 negotiating unit consisting of investigators, senior investigators, and 46 investigative specialists in the division of state police provided by 47 this act shall be added to the salary of such member at the beginning of 48 that payroll period the first day of which is nearest to the effective 49 date of such increase as provided in this act, or at the beginning of 50 the earlier of two payroll periods the first days of which are nearest 51 but equally near to the effective date of such increase as provided in 52 this act; provided, however, that, for the purposes of determining the 53 salary of such officer or employee upon reclassification, reallocation, 54 appointment, promotion, transfer, demotion, reinstatement, or other 55 change of status, such salary increase shall be deemed to be effective 56 on the date thereof as prescribed by this act, with payment thereofA. 8342 12 1 pursuant to this section on a date prior thereto, instead of on such 2 effective date, and shall not operate to confer any additional salary 3 rights or benefits on such officer or employee. Payment of such salary 4 increase may be deferred pursuant to section twenty-one of this act. 5 § 21. Deferred payment of salary increase. Notwithstanding the 6 provisions of any other section of this act or of any other provision of 7 law to the contrary, pending payment pursuant to this act of the basic 8 annual salaries of incumbents of positions subject to this act, such 9 incumbents shall receive, as partial compensation for services rendered, 10 the rate of compensation otherwise payable in their respective posi- 11 tions. An incumbent holding a position subject to this act at any time 12 during the period from the effective dates of the salary increases 13 provided for in this act until the time when basic annual salaries are 14 first paid pursuant to this act for such services in excess of the 15 compensation actually received therefor, shall be entitled to a lump sum 16 payment for the difference between the salary to which such incumbent is 17 entitled for such service and the compensation actually received there- 18 for. Such lump sum payment shall be made as soon as practicable. Any 19 amount payable in such lump sum paid represents compensation earned in 20 each of the year or years for which it is calculated pursuant to this 21 act and not as compensation earned wholly in the year during which the 22 lump sum is paid. Notwithstanding any law, rule or regulation to the 23 contrary, no member of the unit consisting of investigators, senior 24 investigators, and investigative specialists in the division of state 25 police to whom the provisions of this act apply shall be entitled to, or 26 owed, any interest or other penalty for any reason on any monies due to 27 such member pursuant to the terms of the agreement covering employees in 28 the unit consisting of investigators, senior investigators, and investi- 29 gative specialists in the division of state police. 30 § 22. Use of appropriations. Notwithstanding any provision of the 31 state finance law or any other provision of law to the contrary, 32 commencing April 1, 2019, the state comptroller is authorized to pay any 33 amounts required by the provisions of this act to any state department 34 or agency from any appropriation or other funds available to such state 35 department or agency for personal service, nonpersonal service and 36 fringe benefits. To the extent that such appropriations are insufficient 37 in any fund to accomplish the purposes herein set forth, the director of 38 the budget is authorized to allocate to the various departments and 39 agencies, from any appropriations available in any fund, the amounts 40 necessary to pay such amounts. The aforementioned appropriations shall 41 be available for payment of any liabilities or obligations incurred 42 during the period April 1, 2018 to March 31, 2020. 43 § 23. Notwithstanding any provision of the state finance law or any 44 other provision of law to the contrary, the sum of $15,620,000 is hereby 45 appropriated in the general fund/state purposes account (10050) in 46 miscellaneous-all state departments and agencies solely for 47 apportionment/transfer by the director of the budget for use by any 48 state department or agency in any fund during the period April 1, 2018 49 through March 31, 2020 to supplement appropriations for personal 50 service, nonpersonal service and fringe benefits, and to carry out the 51 provisions of this act. No money shall be available for expenditure from 52 this appropriation until a certificate of approval has been issued by 53 the director of the budget and a copy of such certificate or any amend- 54 ment thereto has been filed with the state comptroller, the chair of the 55 senate finance committee and the chair of the assembly ways and means 56 committee. The monies hereby appropriated are available for payment ofA. 8342 13 1 any liabilities or obligations incurred during the period April 1, 2018 2 through March 31, 2020. For this purpose, the monies appropriated shall 3 remain in full force and effect for the payment of liabilities incurred 4 on or before March 31, 2020. 5 § 24. Notwithstanding any provision of law to the contrary, the 6 several amounts as hereinafter set forth, or so much thereof as may be 7 necessary, are hereby appropriated from the fund so designated for use 8 by any state department or agency during the period April 1, 2018 9 through March 31, 2020 to supplement appropriations from each respective 10 fund available for nonpersonal service and fringe benefits, and to carry 11 out the provisions of this act. The monies hereby appropriated are 12 available for the payment of any liabilities or obligations incurred 13 during the period April 1, 2018 through March 31, 2020. No money shall 14 be available for expenditure from the monies appropriated until a 15 certificate of approval has been issued by the director of the budget 16 and a copy of such certificate or any amendment thereto has been filed 17 with the state comptroller, the chair of the senate finance committee 18 and the chair of the assembly ways and means committee. 19 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 20 SPECIAL PAY BILLS 21 General Fund / State Operations 22 State Purposes Account - 10050 23 NONPERSONAL SERVICE 24 Health Benefits Committee ......................... 12,000 25 Professional Development Fund .................... 182,000 26 Employee Benefit Fund .......................... 1,040,000 27 Contract Administration ........................... 50,000 28 § 25. This act shall take effect immediately; provided that the direc- 29 tor of employee relations certifies that there is in effect with respect 30 to the negotiating unit consisting of investigators, senior investi- 31 gators, and investigative specialists in the division of state police a 32 collective bargaining agreement which provides for the compensation and 33 benefit modifications in this act, and shall be deemed to have been in 34 full force and effect on and after April 1, 2018; provided that the 35 secretary of state shall notify the legislative bill drafting commission 36 upon the occurrence of the certification by the director of employee 37 relations that such collective bargaining agreement is in effect in 38 order that the commission may maintain an accurate and timely effective 39 data base of the official text of the laws of the state of New York in 40 furtherance of effectuating the provisions of section 44 of the legisla- 41 tive law and section 70-b of the public officers law. Appropriations 42 made by this act shall remain in full force and effect for liabilities 43 incurred through March 31, 2020. ------------------------------------------------------------------------ REPEAL NOTE. -- Paragraph a of subdivision 3 of section 216 of the executive law, repealed by section one of this act, provided salary schedules for state employees in particular titles in the collective negotiating unit consisting of investigators, senior investigators and investigative specialists in the division of state police and is replaced by revised salary schedules in a new paragraph a of such subdi-A. 8342 14 vision 3 implementing an agreement pursuant to Article 14 of the civil service law. 1 Paragraph b of subdivision 2 of section 207-b of the state finance 2 law, repealed by section two of this act, provided for payments to an 3 employee benefit fund for state employees in the particular titles in 4 the collective negotiating unit consisting of investigators, senior 5 investigators and investigative specialists in the division of state 6 police and is replaced by revised schedule of payments to be made to 7 such fund in a new paragraph b of such subdivision 2 implementing an 8 agreement pursuant to Article 14 of the civil service law. 9 Subdivision 2 of section 216-c of the executive law, repealed by 10 section three of this act, provided for holiday compensation payments 11 based on four days' pay to eligible members of the collective negotiat- 12 ing unit consisting of investigators, senior investigators and investi- 13 gative specialists in the division of state police and is replaced by a 14 revised payment amount in a new subdivision 2 of such section implement- 15 ing an agreement pursuant to Article 14 of the civil service law. 16 PART B 17 COLLECTIVE BARGAINING AGREEMENT BETWEEN 18 THE STATE OF NEW YORK AND THE COMMUNICATIONS WORKERS OF AMERICA LOCAL 19 1104/GRADUATE STUDENT EMPLOYEES UNION FOR 2019-2023 20 Section 1. Adjustment to stipends of certain incumbents in the state 21 university of New York. (a) The stipend as of academic year 2019-2020 22 for an incumbent of a position in the state university of New York in 23 the collective negotiating unit designated as the state university grad- 24 uate student negotiating unit in the state university of New York estab- 25 lished pursuant to article 14 of the civil service law, on September 30, 26 2019, shall be increased by two percent adjusted to the nearest whole 27 dollar, commencing the beginning of the payroll period the first day of 28 which is nearest to October 1, 2019. "Incumbent," as referenced in this 29 subdivision, shall be defined as members of the state university gradu- 30 ate student negotiating unit established pursuant to article 14 of the 31 civil service law who were employed by the state university of New York 32 on the effective date of the increase and at the time of payment. 33 (b) The stipend as of academic year 2020-2021 for an incumbent of a 34 position in the state university of New York in the collective negotiat- 35 ing unit designated as the state university graduate student negotiating 36 unit in the state university of New York established pursuant to article 37 14 of the civil service law, on September 30, 2020, shall be increased 38 by two percent adjusted to the nearest whole dollar, commencing the 39 beginning of the payroll period the first day of which is nearest to 40 October 1, 2020. "Incumbent," as referenced in this subdivision, shall 41 be defined as members of the state university graduate student negotiat- 42 ing unit established pursuant to article 14 of the civil service law who 43 were employed by the state university of New York on the effective date 44 of the increase and at the time of payment. 45 (c) The stipend as of academic year 2021-2022 for an incumbent of a 46 position in the state university of New York in the collective negotiat- 47 ing unit designated as the state university graduate student negotiating 48 unit in the state university of New York established pursuant to article 49 14 of the civil service law, on September 30, 2021, shall be increased 50 by two percent adjusted to the nearest whole dollar, commencing the 51 beginning of the payroll period the first day of which is nearest to 52 October 1, 2021. "Incumbent," as referenced in this subdivision, shallA. 8342 15 1 be defined as members of the state university graduate student negotiat- 2 ing unit established pursuant to article 14 of the civil service law who 3 were employed by the state university of New York on the effective date 4 of the increase and at the time of payment. 5 (d) The stipend as of academic year 2022-2023 for an incumbent of a 6 position in the state university of New York in the collective negotiat- 7 ing unit designated as the state university graduate student negotiating 8 unit in the state university of New York established pursuant to article 9 14 of the civil service law, on September 30, 2022, shall be increased 10 by two percent adjusted to the nearest whole dollar, commencing the 11 beginning of the payroll period the first day of which is nearest to 12 October 1, 2022. "Incumbent," as referenced in this subdivision, shall 13 be defined as members of the state university graduate student negotiat- 14 ing unit established pursuant to article 14 of the civil service law who 15 were employed by the state university of New York on the effective date 16 of the increase and at the time of payment. 17 (e) (i) This subdivision shall apply to employees in the collective 18 negotiating unit designated as the state university graduate student 19 negotiating unit in the state university of New York established pursu- 20 ant to article 14 of the civil service law. 21 (ii) The minimum stipend for academic year 2019-2020 shall increase by 22 two percent to $10,158 annually for employees on full assistantships at 23 university center campuses effective concurrent with the effective date 24 of the increase in subdivision (a) of this section commencing the begin- 25 ning of the payroll period the first day of which is nearest to October 26 1, 2019. 27 (iii) The minimum stipend for academic year 2020-2021 shall increase 28 by two percent to $10,361 annually for employees on full assistantships 29 at university center campuses effective concurrent with the effective 30 date of the increase in subdivision (b) of this section commencing the 31 beginning of the payroll period the first day of which is nearest to 32 October 1, 2020. 33 (iv) The minimum stipend for academic year 2021-2022 shall increase by 34 two percent to be $10,568 annually for employees on full assistantships 35 at university center campuses effective concurrent with the effective 36 date of the increase in subdivision (c) of this section commencing the 37 beginning of the payroll period the first day of which is nearest to 38 October 1, 2021. 39 (v) The minimum stipend for academic year 2022-2023 shall increase by 40 two percent to be $10,779 annually for employees on full assistantships 41 at university center campuses effective concurrent with the effective 42 date of the increase in subdivision (d) of this section commencing the 43 beginning of the payroll period the first day of which is nearest to 44 October 1, 2022. 45 (vi) Nothing herein shall prevent the state university of New York, in 46 its discretion, from increasing amounts paid to an incumbent of a posi- 47 tion of the state university graduate student negotiating unit in the 48 state university of New York established pursuant to article 14 of the 49 civil service law in addition to the minimum stipend provided, however, 50 that the amounts required for such other increases and the cost of 51 fringe benefits attributable to such other increases, as determined by 52 the comptroller, are made available to the state in accordance with 53 procedures established by the state university of New York. 54 (f) Notwithstanding any of the foregoing provisions of this section, 55 any increase in compensation or lump sum payment may be withheld in 56 whole or in part from any employee to whom the provisions of thisA. 8342 16 1 section are applicable when, in the opinion of the chancellor of the 2 state university of New York, the director of the budget, and the direc- 3 tor of the governor's office of employee relations, such increase is not 4 warranted or is not appropriate. 5 § 2. Doctoral program recruitment and retention enhancement fund. 6 There is hereby continued, within the state university of New York, a 7 doctoral program recruitment and retention enhancement fund from the 8 amounts appropriated herein. Such fund shall be used to enhance employee 9 compensation for the purpose of recruitment and retention of new and 10 existing doctoral students in selected programs. The specific doctoral 11 programs eligible for enhanced compensation pursuant to this section 12 shall be at the discretion of the state university of New York. Pursuant 13 to the terms of the collective bargaining agreement, funds will be allo- 14 cated for these purposes upon mutual agreement of the parties from 15 available appropriations. To be eligible for such payment, an employee 16 must be employed on or after July 2, 2019 and at the time of payment. 17 This program shall expire July 1, 2023. 18 § 3. Comprehensive college graduate program recruitment and retention 19 fund. There is hereby continued, within the state university of New 20 York, a comprehensive college graduate program recruitment and retention 21 fund from the amounts appropriated herein. Such fund shall be used to 22 enhance employee compensation for the purpose of recruitment and 23 retention of new and existing graduate students in selected degree 24 programs. The specific graduate degree programs eligible for enhanced 25 compensation pursuant to this section shall be at the discretion of the 26 state university of New York. Pursuant to the terms of the collective 27 bargaining agreement, funds will be allocated for these purposes upon 28 mutual agreement of the parties from available appropriations. To be 29 eligible for such payment, an employee must be employed on or after July 30 2, 2019 and at the time of payment. This program shall expire July 1, 31 2023. 32 § 4. Fee mitigation fund. There is hereby continued, within the state 33 university of New York, a fee mitigation fund from the amounts appropri- 34 ated herein. Such fund shall be used for the purpose of funding the cost 35 of various fees, including but not limited to technology fees. Pursuant 36 to the terms of the collective bargaining agreement, funds will be allo- 37 cated for these purposes upon mutual agreement of the parties from 38 available appropriations. To be eligible for such payment, an employee 39 must be employed on or after July 2, 2019 and at the time of payment. 40 This program shall expire July 1, 2023. 41 § 5. Downstate location fund. There is hereby continued, within the 42 state university of New York, a downstate location fund from the amounts 43 appropriated herein. Such fund shall be used for the purpose of funding 44 location adjustments in the downstate area for employees whose work site 45 is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, 46 Putnam or Orange counties. The specific location adjustments funded 47 pursuant to this section shall be at the discretion of the state univer- 48 sity of New York. Pursuant to the terms of the collective bargaining 49 agreement, funds will be allocated for these purposes upon mutual agree- 50 ment of the parties from available appropriations. To be eligible for 51 such payment, an employee must be employed on or after July 2, 2019 and 52 at the time of payment. This program shall expire July 1, 2023. 53 § 6. Joint labor management advisory board. Pursuant to the terms of 54 an agreement negotiated between the state and the employee organization 55 representing employees in the collective negotiating unit designated as 56 the state university graduate student negotiating unit in the stateA. 8342 17 1 university of New York established pursuant to article 14 of the civil 2 service law, there shall be continued a joint labor management advisory 3 board to study and make recommendations concerning issues of work-life 4 services programs and implement agreements that may be entered into 5 between the state and such employee organization concerning such issues. 6 § 7. Work-life services and pre-tax programs. Pursuant to the terms of 7 an agreement negotiated between the state and the employee organization 8 representing the collective negotiating unit designated as the state 9 university graduate student negotiating unit in the state university of 10 New York established pursuant to article 14 of the civil service law, 11 there shall be continued work-life services and pre-tax programs to be 12 administered in accordance with such agreement within the appropriations 13 made available therefor. Pursuant to the terms of the collective 14 bargaining agreement, funds will be allocated for these purposes upon 15 mutual agreement of the parties from available appropriations. These 16 programs shall expire July 1, 2023. 17 § 8. Professional development committee. Pursuant to the terms of an 18 agreement negotiated between the state and the employee organization 19 representing the collective negotiating unit designated as the state 20 university graduate student negotiating unit in the state university of 21 New York established pursuant to article 14 of the civil service law, 22 there shall be continued a professional development committee to review, 23 make recommendations and implement programs for professional develop- 24 ment. Such program shall be administered in accordance with such agree- 25 ment within the appropriations made available therefor. Pursuant to the 26 terms of the collective bargaining agreement, funds will be allocated 27 for these purposes upon mutual agreement of the parties from available 28 appropriations. This program shall expire July 1, 2023. 29 § 9. Notwithstanding any provision of law to the contrary, the appro- 30 priations contained in this act shall be available to the state for the 31 payment of grievance and arbitration settlements and awards provided for 32 in the collective negotiating agreement between the state and employee 33 organization representing the collective negotiating unit designated as 34 the state university graduate student negotiating unit in the state 35 university of New York established pursuant to article 14 of the civil 36 service law. 37 § 10. Accidental death benefit. Pursuant to the terms of an agreement 38 negotiated between the state and the employee organization representing 39 the collective negotiating unit designated as the state university grad- 40 uate student negotiating unit in the state university of New York estab- 41 lished pursuant to article 14 of the civil service law, there shall 42 continue to be a death benefit in the amount of fifty thousand dollars, 43 in the event an employee dies on or after July 2, 2007 as the result of 44 an accidental on-the-job injury and a death benefit is paid pursuant to 45 the workers' compensation law, payable by the state to the employee's 46 surviving spouse and children to whom the workers' compensation acci- 47 dental death benefit is paid, or to the employee's estate, and in the 48 same proportion as the workers' compensation accidental death benefit is 49 paid. Such program shall be administered in accordance with such agree- 50 ment within the appropriations made available therefor. 51 § 11. Stipend increases and benefit modifications. The stipend 52 increases and benefit modifications provided for by this act for state 53 employees and any incumbent, as defined by section one of this act, in 54 the collective negotiating unit designated as the state university grad- 55 uate student negotiating unit in the state university of New York estab- 56 lished pursuant to article 14 of the civil service law shall not beA. 8342 18 1 implemented until the director of the governor's office of employee 2 relations has delivered to the director of the budget and the comp- 3 troller a letter certifying that there is in effect with respect to such 4 negotiating unit a collective negotiating agreement which provides for 5 such increases and modifications and which is ratified and fully 6 executed in writing with the state pursuant to article 14 of the civil 7 service law. 8 § 12. Date of entitlement to stipend increase. Notwithstanding the 9 provisions of this act or of any other provision of law to the contrary, 10 the stipend increase of any incumbent, as defined by section one of this 11 act, of the collective negotiating unit designated as the state univer- 12 sity graduate student negotiating unit in the state university of New 13 York established pursuant to article 14 of the civil service law, as 14 provided by this act, shall be added to the stipend of such incumbent at 15 the beginning of the payroll period the first day of which is nearest to 16 the effective date of such increase as provided in this act, or at the 17 beginning of the earlier of two payroll periods the first days of which 18 are nearest but equally near to the effective date of such increase as 19 provided in this act; provided, however, that for the purposes of deter- 20 mining the stipend of such employee upon reclassification, reallocation, 21 appointment, promotion, transfer, demotion, reinstatement or other 22 change of status, such stipend increase shall be deemed to be effective 23 on the date thereof as prescribed by this act, and the payment thereof 24 pursuant to this section on a date prior thereto, instead of on such 25 effective date, shall not operate to confer any additional compensation 26 rights or benefits on such employee. Payment of such stipend increase 27 may be deferred pursuant to section thirteen of this act. 28 § 13. Deferred payment of stipend increase. Notwithstanding the 29 provisions of this act, or of any other provision of law to the contra- 30 ry, pending payment of stipends pursuant to this act for any incumbent, 31 as defined by section one of this act, of positions subject to this act, 32 such incumbent shall receive, as partial compensation for services 33 rendered, the stipends otherwise payable in their respective position. 34 An incumbent, as defined by section one of this act, holding a position 35 subject to this act at any time during the period from July 2, 2019, 36 until the time when stipend increases are first paid pursuant to this 37 act for such services in excess of the compensation actually received 38 therefor, shall be entitled to a lump sum payment for the difference 39 between the stipend to which such incumbent is entitled for such service 40 and the stipend actually received therefor. Such lump sum payment shall 41 be made as soon as practicable. 42 § 14. Use of appropriations. Notwithstanding any provision of the 43 state finance law or any other provision of law to the contrary, 44 commencing July 2, 2019, the state comptroller is authorized to pay any 45 amounts required by the provisions of this act to any state department 46 or agency from any appropriation or other funds available to such state 47 department or agency for personal service, nonpersonal service and 48 fringe benefits. To the extent that such appropriations are insufficient 49 in any fund to accomplish the purposes herein set forth, the director of 50 the budget is authorized to allocate to the various departments and 51 agencies, from any appropriations available in any fund, the amounts 52 necessary to make such payments. The aforementioned appropriations shall 53 be available for payment of any liabilities or obligations incurred 54 during the period July 2, 2019 to July 1, 2020. 55 § 15. Notwithstanding any provision of the state finance law or any 56 other provision of law to the contrary, the sum of $2,903,000 is herebyA. 8342 19 1 appropriated in the general fund/state purposes account (10050) in 2 miscellaneous-all state departments and agencies solely for 3 apportionment/transfer by the director of the budget for use by any 4 state department or agency in any fund during the period July 2, 2019 5 through July 1, 2020 to supplement appropriations for personal service, 6 nonpersonal service and fringe benefits, and to carry out the provisions 7 of this act. No money shall be available for expenditure from this 8 appropriation until a certificate of approval has been issued by the 9 director of the budget and a copy of such certificate or any amendment 10 thereto has been filed with the state comptroller, the chair of the 11 senate finance committee and the chair of the assembly ways and means 12 committee. The monies hereby appropriated are available for payment of 13 any liabilities or obligations incurred during the period July 2, 2019 14 to July 1, 2020. For this purpose, these appropriations shall remain in 15 full force and effect for the payment of liabilities incurred on or 16 before July 1, 2020. 17 § 16. Notwithstanding any provision of law to the contrary, the 18 several amounts as hereinafter set forth, or so much thereof as may be 19 necessary, are hereby appropriated from the fund so designated for use 20 by any state department or agency during the period July 2, 2019 through 21 July 1, 2020 to supplement appropriations from each respective fund 22 available for nonpersonal service and fringe benefits, and to carry out 23 the provisions of this act. The monies hereby appropriated are available 24 for the payment of any liabilities or obligations incurred during the 25 period July 2, 2019 through July 1, 2020. No money shall be available 26 for expenditure from the monies appropriated until a certificate of 27 approval has been issued by the director of the budget and a copy of 28 such certificate or any amendment thereto has been filed with the state 29 comptroller, the chair of the senate finance committee and the chair of 30 the assembly ways and means committee. 31 ALL STATE DEPARTMENTS AND AGENCIES 32 General Fund / State Operations 33 State Purposes Account - 10050 34 MAINTENANCE UNDISTRIBUTED 35 Doctoral Program Recruitment and Retention 36 Enhancement Fund, Comprehensive College Gradu- 37 ate Program Recruitment and Retention Fund, 38 Fee Mitigation Fund, Downstate Location Fund, 39 Statewide Professional Development Committee, 40 Pre-Tax and Work-Life Services Programs ........... $2,280,000 41 § 17. Compensation for certain state employees in the state university 42 that are designated, stipulated, or excluded from negotiating units as 43 managerial or confidential pursuant to article 14 of the civil service 44 law and certain employees of contract colleges at Cornell and Alfred 45 Universities. 46 1. The provisions of this subdivision shall apply only to incumbents 47 of positions in bargaining unit 13 in the professional service of the 48 state university that are designated, stipulated or excluded from nego- 49 tiating units as managerial or confidential pursuant to article 14 of 50 the civil service law.A. 8342 20 1 (a) For each of the years 2019 and 2020, there shall be available an 2 amount equal to one-half of 1 percent (0.5%) of the total of the basic 3 annual salaries on June 30 of each such year of incumbents to whom the 4 provisions of this subdivision apply, for distribution to such incum- 5 bents on the payroll on June 30 of each such year and at the time of 6 payment by the state university trustees in their discretion, and 7 subject to the approval of the chancellor and the director of the budg- 8 et. Additionally, for each of the years 2019 and 2020 there shall be 9 available an amount equal to one-half of 1 percent (0.5%) of the total 10 of the basic annual salaries on June 30 of each such year of incumbents 11 to whom the provisions of this subdivision apply, for distribution to 12 such incumbents on the payroll on June 30 of each such year and at the 13 time of payment by the state university trustees in their discretion, 14 and subject to the approval of the chancellor and the Director of the 15 Budget, to address equity, compression and inversion issues. Such 16 distributions as described in this paragraph shall occur not later than 17 December 31 of each year, and shall be retroactive to July 1 of such 18 year. 19 2. The compensation increases in subdivision one of this section may 20 also be provided by Cornell and Alfred universities, within available 21 appropriations, at their discretion, and with the requisite approval of 22 the state university trustees and the director of the budget, to incum- 23 bents of positions in the institutions under the management of Cornell 24 and Alfred universities as representative of the board of trustees of 25 the state university of New York that, in the opinion of the director of 26 employee relations, would be designated managerial or confidential were 27 they subject to article 14 of the civil service law. 28 § 18. This act shall take effect immediately; provided that the direc- 29 tor of employee relations certifies that there is in effect with respect 30 to the negotiating unit designated as the state university graduate 31 student in the state university of New York a collective bargaining 32 agreement which provides for the compensation and benefit modifications 33 in this act, and shall be deemed to have been in full force and effect 34 on and after July 2, 2019; provided that the secretary of the state 35 shall notify the legislative bill drafting commission upon the occur- 36 rence of the certification by the director of employee relations that 37 such collective bargaining agreement is in effect in order that the 38 commission may maintain an accurate and timely effective data base of 39 the official text of the laws of the state of New York in furtherance of 40 effectuating the provisions of section 44 of the legislative law and 41 section 70-b of the public officers law. Appropriations made by this 42 act shall remain in full force and effect for liabilities incurred 43 through July 1, 2020. 44 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 45 sion, section or part contained in any part of this act shall be 46 adjudged by any court of competent jurisdiction to be invalid, such 47 judgment shall not affect, impair, or invalidate the remainder thereof, 48 but shall be confined in its operation to the clause, sentence, para- 49 graph, subdivision, section or part contained in any part thereof 50 directly involved in the controversy which such judgment shall have been 51 rendered. It is hereby declared to be the intent of the legislature that 52 this act would have been enacted even if such invalid provisions had not 53 been included herein. 54 § 3. This act shall take effect immediately provided, however, that 55 the applicable effective date of Parts A and B of this act shall be as 56 specifically set forth in the last section of such Part.