BILL NUMBER: S7576
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of certain state
officers and employees; to implement agreements between the state and an
employee organization; and to repeal certain provisions of the civil
service law relating thereto; and making an appropriation for the
purpose of effectuating certain provisions therefor (Part A); to amend
the civil service law and the correction law, in relation to salaries of
certain state officers and employees excluded from collective negotiat-
ing units; to repeal certain provisions of the civil service law and the
correction law relating thereto; and making an appropriation for the
purpose of effectuating certain provisions therefor (Part B)
 
PURPOSE:
Part A of this bill would implement the terms of a collective bargaining
agreement ("the Agreement"), entered into pursuant to Article 14 of the
Civil Service Law ("CSL"), between the Executive Branch of the State of
New York and the employee organization representing members of the
collective negotiating unit designated as the Professional, Scientific
and Technical Services Unit ("PS&T Unit").
Part B of this bill would provide the State's unrepresented employees
who are prohibited from collective bargaining negotiations by the Taylor
Law, including managerial or confidential ("M/C") employees, with bene-
fits and increases in compensation during the period April 1, 2023
through March 31, 2026. This bill would supplement existing appropri-
ations to provide benefits and other aspects of employment.
 
SUMMARY OF PROVISIONS:
Part A of the Bill:
Section 1 of this part would repeal subparagraphs 1, 2, 3 and 4 of CSL §
130(1)(c) and replace it with new subparagraphs 1, 2 and 3 to provide
new salary schedules for officers and employees in the PS&T Unit for the
period April 2, 2023 to April 1, 2026.
Section 2 of this part would provide for a dental allowance consistent
with the terms of the agreement.
Section 3 of this part would provide for increases in compensation for
covered members of the PS&T Unit, including: (i) a three percent basic
annual salary increase effective March 30, 2023 for officers and employ-
ees on the administrative payroll, and effective April 6, 2023 for offi-
cers and employees on the institutional payroll; (ii) a three percent
basic annual salary increase effective March 28, 2024 for officers and
employees on the administrative payroll, and effective April 4, 2024 for
officers and employees on the institutional payroll; (iii) a three
percent basic annual salary increase effective March 27, 2025 for offi-
cers and employees on the administrative payroll, and effective April 3,
2025 for officers and employees on the institutional payroll; and (iv)
performance advancement payments to covered members of the PS&T Unit
pursuant to CSL § 131(6). This section also would give the Director of
the Budget and the Director of Employee Relations discretion to withhold
all or a portion of a unit members' salary increase, where appropriate
or warranted.
Section 4 of this part would authorize the Office of Employee Relations
and the employee organization representing members of the PS&T Unit to
enter into an agreement to provide additional compensation to eligible
employees in cases where the Director of Classification and Compensation
has exercised authority under Section 130(4) of the CSL.
Section 5 of this part would provide a one-time $3000 lump sum payment
to eligible employees of the PS&T Unit for employees must be in contin-
uous service in the PS&T Unit between June 6, 2023 and October 12, 2023
for officers and employees on the administrative payroll or October 19,
2023 for officers and employees on the institutional payroll as defined
by Civil Service Law Section 130(3)(c) in an amount as set forth in the
Agreement between the parties. This payment shall not be considered
salary for retirement purposes and shall not become part of basic annual
salary and shall be prorated in accordance with the collective bargain-
ing agreement.
Section 6 of this part would provide a higher education differential to
eligible members of the PS&T Unit, in accordance with the terms of, and
in the amounts set forth in, the Agreement between the parties.
Section 7 of this part would continue existing location compensation for
employees whose principal place of employment is located in the counties
of Monroe, Rockland, Westchester, Nassau, Suffolk, Dutchess, Putnam, and
Orange, or the city of New York. For the county of Monroe, only employ-
ees who were eligible on March 31, 1985 to receive location compensation
shall be eligible for continued location compensation of $200 per year.
Employees in New York City or in the counties of Rockland, Westchester,
Nassau or Suffolk continue to receive location compensation at the annu-
al rate of $3,026. This amount shall increase to $3,087 effective April
1, 2023, to $3,400 effective April 1, 2024 and to $4,000 effective April
1, 2025. Employees in the counties of Dutchess, Putnam or Orange shall
continue to receive location compensation at the annual rate of $1,513.
This amount shall increase to $1,543 effective April 1, 2023, to $1,650
effective April 1, 2024 and to $2,000 effective April 1, 2025. If an
employee is on an approved leave of absence for less than one year or
participates in an employer program to work part-time during the summer
months, prior eligibility for location pay would continue upon return to
full-time State service in Mo nroe County.
Section 8 of this part would continue location compensation for certain
officers and employees of the Hudson Valley Developmental Disabilities
Services Office.
Section 9 of this part would continue special assignment to duty pay in
the form of an annual lump sum payment to certain employees in a partic-
ular assignment deemed qualified under the terms of the Agreement. This
payment will expire on April 1, 2026, unless an extension is negotiated
by the parties.
Section 10 of this part would provide for an annual lump sum payment to
long-term seasonal employees in an amount specified by, and subject to,
the qualifying criteria established by the Agreement. This payment will
expire on March 31, 2026.
Section 11 of this part would authorize contributions to employee
dependent care accounts in amounts and for the time period designated in
the Agreement.
Section 12 of this part would provide for the payment and publication of
grievance and arbitration settlements and awards between the State and
the employee organization representing employees who are members of the
PS&T Unit.
Section 13 of this part would provide that statewide labor-management
committees, administered pursuant to the terms of the Agreement, shall
be responsible for studying and making recommendations concerning major
issues of productivity, the quality of work life and health benefits,
and implementing the agreements reached.
Section 14 of this part would provide for inconvenience pay to continue
at a rate of $575 per year for eligible employees who work four or more
hours between the hours of 6:00 p.m. and 6:00 am.
Section 15 of this part would provide for the payment of a lump sum
Firearms Training and Safety Incentive to qualified peace officers who
are members of the PS&T Unit pursuant to the terms of a program collec-
tively negotiated between the State and the employee organization
representing such members.
Section 16 of this part would provide for the payment of a lump sum
uniform allowance to certain employees of the Office of Fire Prevention
and Control in the Fire Protection Specialist title series if there is a
policy in place that requires employees to wear uniforms, in accordance
with the terms of a negotiated side letter to the Agreement. This allow-
ance will expire on April 1, 2026, unless an extension is negotiated by
the parties.
Section 17 of this part would allow employees participating in a workers
compensation pilot program established in the collective bargaining
agreement to receive payments authorized through the program.
Section 18 of this part would require that, prior to any salary
increases and benefit modifications provided by this part, the Director
of the Budget and the State Comptroller must receive a letter from the
Director of the Office of Employee Relations certifying that the Agree-
ment has been ratified by the membership.
Section 19 of this part would set the date upon which incumbent members
of the PS&T Unit would receive the salary increases provided by the
Agreement.
Section 20 of this part would authorize a lump sum payment for retroac-
tive salary increases and compensation modifications deemed in effect on
April 1, 2023.
Section 21 of this part would authorize the State Comptroller to pay any
amounts required by this part during the fiscal year commencing April 1,
2023 for any state department or agency from any appropriation or other
funds available to such state department or agency for personal service
or for any other related employee benefits during such fiscal year. To
the extent that such appropriations in any fund are insufficient, the
Director of the Budget is authorized to allocate to the various depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.
Section 22 of this part would provide those employees who participate in
a special annuity program under Article 8-C of the Education Law shall
not suffer any reduction of the salary adjustment to which they are
otherwise entitled under the program, as a result of an increase in
compensation.
Section 23 of this part would provide for a lump sum appropriation in
the amount of $414,000,000 for personal and non-personal services, and
for salary adjustments for use by state departments or agencies, to
carry out the provisions of this part.
Section 24 of this part would provide that certain funds for statewide
labor management committees are appropriated for use by the state
departments' or agencies' Labor Management Committees to carry out the
provisions of this part.
Section 25 of this part would require it to become effective immediately
and deem it to have been in full force and effect on and after April 2,
2023. Appropriations would remain in full force and effect for liabil-
ities incurred through March 31, 2024.
 
PART B OF THE BILL:
Section 1 of this part would repeal subparagraphs 1 and 2 of CSL §
130(1)(d) and replace them with new subparagraphs 1, 2 and 3 to provide
new salary schedules for competitive, noncompetitive and labor class
employees designated M/C, or who are otherwise excluded from represen-
tation rights, for the period of April 1, 2023 to March 31, 2026.
Section 2 of this part would repeal Correction Law § 19(1) and replace
it with a new subdivision 1 providing new salary schedules for super-
intendents of correctional facilities.
Section 3 of this part would authorize a $3,000 lump sum payment to
eligible, annual-salaried State officers and employees if these other-
wise eligible employees were (i) active on August 2, 2022; and (ii) in
continuous service, as defined by paragraph (c) of subdivision 3 of
section 130 of the Civil Service Law, from that date until March 30,
2023 for employees on the administrative payroll and April 6, 2023 for
employees on the institutional payroll. This lump sum shall not be
considered salary for retirement purposes and it shall not become part
of basic annual salary. Furthermore, it shall be prorated for eligible
employees in less than full-time status.
Section 4 of this part would authorize increases in basic annual salary
of 3 percent effective April 1, 2023, 3 percent effective April 1, 2024
and 3 percent effective April 1, 2025. Additionally, this section
provides for performance advancements, merit awards and longevity
payments for non-statutorily paid employees.
Sections 5 and 6 of this part would provide salary increases consistent
with those provided in Section 4 of this part for certain State officers
and employees in the Division of State Police, certain State employees
in the State University and certain employees of the contract colleges
at Cornell and Alfred.
Section 7 of this part would, for each of the years 2023, 2024 and 2025,
make available an amount equal to 1.0 % of the total of basic annual
salaries of eligible State employees of the contract colleges at Cornell
and Alfred as of June 30 of each year, for distribution to eligible
employees at the discretion of the State University Trustees and with
the approval of the Chancellor and the Director of the Budget.
Section 8 of this part would continue existing location compensation for
employees whose principal place of employment is located in City of New
York, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutch-
ess, Putnam, Orange and Monroe. For eligible employees in the City of
New York or the counties of Westchester, Rockland, Suffolk and Nassau,
the existing location compensation would increase to $3,087 effective
April 1, 2023, to $3,400 effective April 1, 2024 and $4000 effective
April 1, 2025. For eligible employees in the counties of Dutchess,
Orange or Putman, the existing location compensation would increase to
$1,543 effective April 1, 2023, to $1,650 effective April 1, 2024 and to
$2000 Effective April 1, 2025.
Section 9 of this part would continue location compensation for certain
officers and employees of the Hudson Valley Developmental Disabilities
Services Office.
Section 10 of this part would provide for the continuation of an over-
time meal allowance for employees covered by this part.
Section 11 of this part would provide that employees who participate in
a special annuity program under Article 8-C of the Education Law shall
not suffer any reduction of the salary adjustment to which they are
otherwise entitled under the program, as a result of an increase in
compensation provided for in this part.
Section 12 of this part would provide that the Director of the Budget
may withhold any salary increase in order to reflect the job performance
of an officer or an employee, to maintain appropriate salary relation-
ships among employees, to reduce state expenditures to acceptable
levels, or whenever such increase is not warranted or is not appropri-
ate. This section also provides that this pay bill shall not be imple-
mented until the Director of the Budget delivers notice to the State
Comptroller that such amounts may be paid.
Section 13 of this part would continue authorization for payment of
grievance settlements and awards pursuant to the Executive Order No. 42
grievance procedure, which applies to M/C employees.
Section 14 of this part would provide that salary increases, pursuant to
this part, shall be effective on the first day of the first pay period
nearest to the effective date of any such salary increase.
Section 15 of this part would authorize a lump sum payment for retroac-
tive salary increases and compensation modifications deemed in effect on
April 1, 2023, until the time when basic annual salaries and other
compensation due are first paid, as provided for by this part.
Section 16 of this part would authorize the State Comptroller to pay any
amounts required by this bill during the fiscal year commencing April 1,
2023 for any state department or agency from any appropriation or other
funds available to such state department or agency for personal service
or for any other related employee benefits during such fiscal year. To
the extent that such appropriations in any fund are insufficient, the
Director of the Budget is, authorized to allocate to the various depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.
Section 17 of this part would provide a lump sum appropriation for
personal service for use by state departments or agencies to carry out
the provisions of this bill.
Section 18 of this part would provide for an immediate effective date of
this part, which shall be deemed to have been in full force and effect
on and after April 1, 2023. Appropriations shall remain in full force
and effect for liabilities incurred through March 31, 2024.
 
STATEMENT IN SUPPORT:
 
PART A OF THE BILL:
Enactment of this part of the bill is necessary to implement the
provisions of the collective bargaining agreement, negotiated by the
Executive Branch of the State of New York with the Public Employees
Federation, AFL-CIO, on behalf of members of the PS&T Unit. Approxi-
mately 51,000 annual salaried Executive Branch employees are covered by
the Agreement, which includes a variety of professional, scientific and
technical titles including information technology professionals, nurses,
accountants, lawyers, engineers, and physicians.
The prior agreement governing these employees expired on April 1, 2023.
This new Agreement covers the time period April 2, 2023, to April 1,
2026. Under Article 14 of the CSL, the Agreement is binding on all
parties to it. This part of the bill incorporates the terms of that
Agreement related to salary increases and benefit modifications and
appropriates funds necessary to pay for it in accordance with the
State's obligations.
 
PART B OF THE BILL:
This part of the bill establishes terms and conditions of employment for
M/C and other unrepresented employees for the period April 1, 2023
through March 31, 2026. This includes certain compensation increases and
payments that are comparable to collectively negotiated increases and
payments for certain represented employees for appropriate salary admin-
istration.
 
LEGISLATIVE HISTORY:
New bill.
 
BUDGET IMPLICATIONS:
Part A of this bill would provide appropriations totaling approximately
$418,048,151 to pay for the cost of the Agreement during the period
April 2, 2023 to March 31, 2024.
Part B of the bill would provide appropriations totaling approximately
$114,000,000 to pay its cost during the period April 1, 2023 through
March 31, 2024.
 
EFFECTIVE DATE:
Part A of this bill would take effect immediately and shall be deemed to