state and the employee organization representing employees in the collective negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty-three established pursuant to article fourteen of the civil service law and within the appropriations avail able therefor. § 11. Notwithstanding the provisions of subdivisions two, three and four of section six of this act, during the period between April first, nineteen hundred eighty-six and March thirty-first, nineteen hundred eighty-eight, the rates of compensation for officers and employees to whom the provisions of section six of this act apply may be increased, decreased, enhanced or remain in the same pursuant to the terms of an agreement negotiated between the state and an employee organization representing such employees, or the classification of officers and employees to whom the provisions of section six of this act apply, may be increased, decreased, enhanced or remain the same in accordance with the directions of the director of classification and compensation and pursuant to terms of an agreement negotiated between the state and an employee organization representing such employees pursuant to article fourteen of the civil service law and as approved by the director of the budget. Changes in compensation or classification provided for in this section may result from a study of the state classification system authorized by chapter two hundred twenty of the laws of nineteen hundred eighty-two and the recommendations made in such study subject to the approval of the director of employee relations and director of the budget. The governor's executive budget submitted to the legislature for fiscal year nineteen hundred eighty-six-eighty-seven and fiscal year nineteen hundred eighty-seven-eighty-eight shall inlcude a statement setting forth the rate of compensation which may be increased, decreased, enhanced or remain the same in accordance with the directions of the director of classification and compensation and pursuant to terms of an agreement negotiated between the state and an employee organization representing such employees pursuant to article fourteen of the civil service law, and as approved by the director of the budget, as authorized in this section. Budget bills submitted to the legislature making appropriations for the support of state government for fiscal year nineteen hundred eighty-six-eighty-seven and fiscal year nineteen hundred eightyseven-eighty-eight shall set forth as a separate item of appropriation, with a sub-schedule by each agency, all appropriations proposed to be made for the aforementioned fiscal years which are authorized pursuant to this section. $ 12. The salary increases and benefit modification provided for by this act for state employees in the collective negotiating unit, created by chapter four hundred three of the laws of nineteen hundred eightythree established pursuant to article fourteen of the civil service law shall not be implemented until the director of employee relations shall have delivered to the director of the budget and the comptroller a certificate that there is in effect with respect to such negotiating unit a collective negotiating agreement which provides for such increases and modifications and which is fully executed in writing with the state pursuant to article fourteen of the civil service law. § 13. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April first, nineteen hundred eighty-five by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations are insufficient to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various departments and agencies, from any appropriations available, the amounts necessary to pay such amounts. § 14. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase of salary or compensation of any officer or employee provided by this act shall be added to the salary or compensation of such officer or employee at the beginning of that payroll period the first day of which is nearest to the effective date of such increase as provided in this act, or at the beginning of the earlier of two payroll periods the first days of which * So in original. (Word misspelled.) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law are nearest but equally near to the effective date of such increase as provided in this act; provided, however, that for the purposes of determining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary increase shall be deemed to be effective on the date thereof as prescribed in this act, and the payment thereof pursuant to this section on a date prior thereto, instead of on such effective date, shall not operate to confer any additional salary rights or benefits on such officer or employee. Payment of such salary increase may be deferred pursuant to section fifteen of this act. par reof t § 15. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or any other law, pending payment pursuant to this act of the basic annual salaries of incumbents of positions subject to this act, such incumbents shall receive, tial compensation for services rendered, the rate of compensation wise payable in their respective positions. An incumbent holding tion subject to this act at any time during the period from April nineteen hundred eighty-five, until the time when basic annual saderies are first paid pursuant to this act for such services in excess the compensation actually received therefor, shall be entitled to a l sum payment for the difference between the salary to which such incumbent is entitled for such services and the compensation actually received therefor. Such lump sum payment shall be made as soon as practicab § 16. The several amounts as hereinafter set forth, or so much as may be necessary, is hereby appropriated from the fund so dest for use by any state department or agency for the fiscal year bes April first, nineteen hundred eighty-five to supplement appropria from each respective fund available for personal service, non-pers service and fringe benefits and to carry out the provisions of thi No money shall be available for expenditure from this approp until a certificate of approval has been issued by the director budget and a copy of such certificate or any amendment thereto has filed with the state comptroller, the chairman of the senate committee and the chairman of the assembly ways and means committes On or before October first, nineteen hundred eighty-five, the dig of the division of the budget shall file with the chairman of the s finance committee and the chairman of the assembly ways and means mittee a report showing by agency the allocation of general fund sonal service appropriations made by this chapter. On or before Janu third, nineteen hundred eighty-six and March third, nineteen und eighty-six, the director of the division of the budget shall file vi the chairman of the senate finance committee and the chairman of the sembly ways and means committee, a report showing by agency the alle tion of general fund personal service appropriations made by this ch ter, the amounts actually apportioned to each agency, and any chang proposed or actual apportionments from previous reports required by section. The report filed on or before March third, nineteen hundr eighty-six also shall include a schedule showing a projection of app tionments which will be made to each agency by March thirty-fi nineteen hundred eighty-six. Social Security contribution fund Grievance awards, printing agreements and general contract administration Other Than Personal Service 43 50,00 2. Joint committee on health benefits Educational Fund § 17. This act shall take effect April first, nineteen hundred eightyfive and shall be deemed to have been in full force and effect on and after such date and sections four and five of this act shall take effect on the same date as sections five and six of a chapter of the laws of nineteen hundred eighty-five, as proposed in legislative bill no S. 6560, takes effect. REPEAL NOTE. -Paragraph e of subdivision one of section one hundred thirty of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the collective negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty-three, and is replaced by revised salary schedules in new paragraph e. CHAPTER 309 AN ACT to amend the civil service law and a chapter of the laws of nineteen hundred eighty-five amending the civil service law relating to conditions of employment of certain state officers and employees, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees in the negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty-three; technical corrections Became a law July 11, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (baw, as added by a chapter of the of subdivision ten of section one hundred thirty of the civil service laws of nineteen hundred eighty-five, amending the civil service law relating to conditions of employment of certain state officers and employees, as proposed in legislative bill number S. 6610, is amended to read as follows: or the (b) Officers and employees to whom the provisions of this subdivision apply who, on March thirty-first, nineteen hundred eighty-five, have five or more years of continuous service as defined by paragraph c of subdivision three of this section at an annual salary rate equal to in excess of the job rate of their salary grade, whose performance was rated during the period from April first, nineteen hundred eighty-four to March thirty-first, nineteen hundred eighty-five as higher than "unsatisfactory" or its equivalent and who are on the payroll on date of payment shall be entitled to a lump sum payment in accordance with the terms of an agreement between the state and an employee organization reached pursuant to article fourteen of this chapter. Such lump sum payment shall be non-recurring and shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amount payable pursuant to this paragraph shall be included as compensation for retirement purposes. The amount of this payment shall be seven hundred fifty dollars for full-time employees and a pro rata share for part-time employees. Such lump sum payment shall be made on or before December thirty-first, nineteen hundred hundred eighty-five. Notwithstanding the foregoing provisions of this paragraph, officers and employees who otherwise would have been eligible to receive such lump payment but who are appointed or promoted to another position, or who die, or retire after the March thirty-first eligibility date and before the date of payment shall receive such lump sum payment. Employees who are otherwise eligible who, after the March thirty-first eligibility date are on authorized leave of absence without pay on the date of payment shall receive such payment if they return to employment status within one year of the payment date. Notwithstanding the foregoing EXPLANATION-Matter in italics is new; matter in brackets [] is old law sum a provisions of this paragraph, officers and employees otherwise eligible to receive such lump sum payment but who on the March thirty-first, nineteen hundred eighty-five eligibility date are serving in a higher graded position (i) on a temporary basis or on a probationary or a permanent basis and subsequently fail the probationary period or accept voluntary demotion during the probationary period or are demoted as a result of the abolition of positions and (ii) return to a position in their former salary grade within one year of such eligibility date and (iii) remain in their former salary grade for at least six payroll periods shall be eligible for such lump sum payment, except that officers and employees who return to their former salary grade as a result of a disciplinary action or who accept a voluntary demotion after successful completion of the probationary period shall not be eligible for such lump sum payment. § 2. Section sixteen of a chapter of the laws of nineteen hundred eighty-five, amending the civil service law relating to conditions of employment of certain state officers and employees, as proposed in legislative bill number S. 6610, is amended to read as follows: 16. The several amounts as hereinafter set forth, or so much thereof as may be necessary, is hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April first, nineteen hundred eighty-five to supplement appropriations from each respective fund available for personal service, non-personal service and fringe benefits and to carry out the provisions of this act. No money shall be available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. On or before October first, nineteen hundred eighty-five, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee a report showing by agency the allocation of general fund personal service appropriations made by this chapter. On or before January third, nineteen hundred eighty-six and March third, nineteen hundred eighty-six, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee, a report showing by agency the allocation of general fund personal service appropriations made by this chapter, the amounts actually apportioned to each agency, and any change in proposed or actual apportionments from previous reports required by this section. The report filed on or before March third, nineteen hundred eighty-six also shall include a schedule showing a projection of apportionments which will be made to each agency by March thirty-first, nineteen hundred eighty-six. All State Departments and Agencies General Fund State Purposes Account § 3. This act shall take effect on the same date as such chapter of the laws of nineteen hundred eighty-five takes effect. CHAPTER 310 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the executive law, in relation to additional compensation, benefits and other terms and conditions of employment for members of the unit consisting of troopers of the division of state police; to implement agreements between the state and an employee organization; to repeal certain provisions of the executive law, section nine of chapter five hundred ninety-nine of the laws of nineteen hundred eighty-one amending the executive law, section twelve of chapter eighty-seven of the laws of nineteen hundred seventy-two amending the executive law, the civil service law and the state finance law and sections five and six of chapter four hundred sixty-two of the laws of nineteen hundred eighty-two amending the executive law relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof Became a law July 11, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subparagraph one of paragraph a of subdivision two of section two hundred fifteen of the executive law is repealed and a new subparagraph one is added to read as follows: § 2. Section two hundred sixteen-b of such law is repealed and a new section two hundred sixteen-b is added to read as follows: § 216-b. Salary increments. 1. A member whose annual basic salary is prescribed by subparagraph one of paragraph a of subdivision two of section two hundred fifteen of this article shall receive the minimum salary of his position plus the number of increments which corresponds to his years of service in such position, subject to the provisions of this section, provided, however, that effective July first, nineteen hundred seventy-one initial employment in the position of trooper shall be at the training rate and progression of such members or any other troopers paid at such training rate to the minimum salary of the position of trooper shall be by means of an annual increment equal to the difference between the training rate and the minimum salary of the position of trooper subject to the conditions described in this subdivision, except that on or after the date that the first collectively negotiated agreement entered into after April first, nineteen hundred eighty-one pursuant to article fourteen of the civil service law covering the unit consisting of troopers in the division of state police is executed in writing, initial employment in the position of trooper shall be at training rate one and, following completion of the equivalent of at least twelve complete payroll periods of actual service during the fiscal year, such members shall advance to training rate two effective the first day of the next succeeding fiscal year, subject to the provisions of section forty-four of the state finance law, provided his service in the position has been satisfactory in the judgment of the superintendent, and further progression of such members to the minimum EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law on |