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ninety-three, and/or March thirty-first, nineteen hundred ninety-four, as appropriate.

(j) The increases in salary payable pursuant to this subdivision shall apply on a prorated basis to officers and employees, otherwise eligible to receive an increase in salary, pursuant to this subdivision, who are paid on an hourly or per diem basis, employees serving on a part-time or seasonal basis and employees paid on any basis other than at an annual salary rate in accordance with the terms of

agreement between the state and an employee organization reached pursuant to article fourteen of this chapter.

(k) Notwithstanding any of the foregoing provisions of this subdivision, the provisions of this subdivision shall not apply to officers employees paid on a fee schedule basis.

(1) Notwithstanding any of the foregoing provisions of this subdivision, any increase in compensation may be withheld in whole or in part from any employee to whom the provisions of this subdivision are applicable when, in the opinion of the director of the budget and the

director of employee relations, such increase is not warranted or is not appropriate

$ 3. Subdivision 7 of section 154-b of the civil service law, as amended by chapter 583 of the laws of 1988, is amended to read follows:

7. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and such employee organization entered into pursuant to article fourteen of this chapter so provides, the state shall'establish a special education fund to provide the child children as designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law of such employees,

for whom survivor's benefit is paid pursuant to subdivision (four above] six of this section with full tuition [to attend a college or university which is part of the state] up to the amount charged for an undergraduate college or university by the state university of New York as determined by the state to attend any accredited college or university within this state provided, however, such child or children as so designated meet the entrance requirements of such college or university. The spe; cial education fund shall be funded at a level and for the period of time as determined by such agreement and any interest or other earnings attributable to the money held in such fund shall be utilized with such money for the purpose set forth in this subdivision.

§ 4. Compensation for certain state officers and employees in the collective negotiating unit created by chapter 403 of the laws of 1983. 1. The provisions of this section shall apply to full-time officers and employees in the collective negotiating unit created by chapter 403 of the

of 1983 established pursuant to article 14 of the civil service 2. Officers and employees to whom the provisions of this section apply who, during the period beginning April 1, 1991

1991 and ending March 1992, completed one year of service in full-time employment status at a basić annual salary rate that was below the job rate of their salary grade whose performance, during such year of service was rated higher than "unsatisfactory' or its equivalent, shall be entitled to recurring, lump sum payment in accordance with the terms of the agreement between the state and an employee organization reached pursuant to arti: cle 14 of the civil service law. Such payment shall be in an amount equal to the additional salary such officer employee would have received

performance advance beginning on the first day of the payroll period following such officer's or employee's anniversary date, occurring, or after April 1, 1991, and ending March 31, 1992. Such payment shall be made as soon as practicable after enactment of this act and shall be in addition to and shall not be a part of the employee's basic salary, provided, however, that any amounts payable pursuant to this subdivision shall be included compensation for retirement purposes. Notwithstanding the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who separate from service prior to such payment or who are on a leave of absence when such payment occurs shall receive such lump sum payment.

3. Notwithstanding any law to the contrary, if the basic annual salary of an officer or employee to whom the provisions of this section apply

identical with the job rate, longevity step one or longevity step two of the salary grade of his or her position on March 31, 1992,

such basic annual salary shall be increased to the job rate, longevity step

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one or longevity step two of such salary grade as contained in subparagraph 2 of paragraphe of subdivision 1 of section 130 of the civil ser: vice law, as added by section one of this act, to take effect April 1, 1992, provided, however, that no such officer or employee shall have his or her basic annual salary decreased by operation of this subdivision and any officer or employee whose basic salary would have otherwise been decreased by operation of this subdivision shall receive the basic annual salary to which he or she was entitled on March 31, 1992, until April 1, 1993.

4. Effective April 1, 1993, the basic annual salary of officers and employees in full-time employment status on March 31, 1993, shall be increased by four percent adjusted to a whole dollar amount in accordance with the terms of the agreements between the state and an employee organization reached pursuant to article 14 of the civil service law.

5. Officers and employees to whom the provisions of this section apply who are in full-time employment status on January 28, 1993 and on March 24, 1993 shall be entitled to a non-recurring lump, sum payment. Such payment shall be in an amount equal

to

such officer's employee's basic annual salary on March 31, 1993 multiplied by six thousand one hundred thirty-seven - ten thousandths of a percent, provided, however, that such payment shall be prorated based upon the number of days in full-time employment status during the period between and including the applicable eligibility dates for any such officer or employee who is not in full-time employment status at any time during the period between the applicable eligibility dates. Such payment shall be made during December, 1993 and shall not be a part of such officer's or employee's basic salary, provided, however, that any amounts payable pursuant to this subdivision shall be included as compensation for retirement purposes. Notwithstanding, the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who were not in full-time employment status on January 28, 1993 and March 24, 1993 as a result of authorized leave without pay or a termination due to the abolition or reduction of positions shall receive such lump sum payment prorated upon the number of days in full-time employment status during the period between and including the applicable eligibility dates.

6. Effective April 1, 1994, the basic annual salary of officers and employees in full-time employment status on March 31, 1994, shall be increased by four percent adjusted to a whole dollar amount in accordance with the terms of the agreements between the state and an employee ganization reached pursuant to article 14 of the civil service law.

7. Officers and employees to whom the provisions of this section apply who are in full-time employment status on February 10, 1994 and on April 6, 1994 shall be entitled to a non-recurring lump, sum payment. Such payment shall be in an amount equal to such officer's employee's basic annual salary March 31, 1994 multiplied by six thousand one hundred thirty-seven- ten thousandths of a percent, provided, however, that such payment shall be prorated based upon the number of days in full-time employment status during the period between and including the applicable eligibility dates for any such officer or employee who is not in full-time employment status at any time during the period between the applicable eligibility dates. Such payment shall be made no later than September 30, 1994 and shall not be

part of

such officer's or employee's basic salary, provided, however, that any amounts payable pursuant to this subdivision shall be included

compensation for retirement purposes.

Notwithstanding the foregoing, provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who were not in full-time employment status on February 10, 1994 and April 6, 1994 as a result of an authorized leave without pay or a termination due to the abolition or reduction of positions shall receive such lump sum payment prorated upon the number of days

in full-time employment status during the period between and including the applicable eligibility dates. 8. Effective October 1, 1994, the basic annual salary of officers and employees in full-time employment status on September 30, 1994, shall be

a percentage which is that portion of one and one-quarter percent which when applied to a standard base previously increased by four percent results in a standard base increased by a total of five and one-quarter percent adjusted to a whole dollar amount in accordance with EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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the terms of the agreements between the state and an employee organization reached pursuant to article 14 of the civil service law.

9... Notwithstanding, the provisions of subdivisions four, six and eight of this section, if the basic annual salary of an officer or employee to whom the provisions of this section apply is identical with the job rate of the salary grade of his or her position on April 1, 1993, such basic contained in' paragraph e of subdivision 1 of section 130 of the civil service

law, added by section one of this act, to take effect on April 1, 1993 and if the basic annual salary of an officer employee to whom the provisions of this section apply is identical with the job rate of the salary grade of his or her position April 1, 1994 or October 1, 1994, such basic annual salary shall be increased to the job rate of such salary, grade as contained in paragraph e of subdivision 1 of section 130 of the civil service law, as added by section one of this act, to take effect on the dates specified in such paragraph e as added by this act. The increases in basic annual salary provided by this subdivision shall be in

lieu of any increase in basic annual salary provided for in subdivisions four, six and eight of this section.

10. Advancement within salary grade. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for officers and employees entitled to such payments to whom the provisions of this section apply shall be payable in accordance with the terms of an agreement reached pursuant to article 14 of the civil service law between the state and an employee organization representing employees subject to the provisions of this section.

11. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such

position shall be increased by the salary increase amounts specified in this section, If a position is created, and filled by the appointment of an officer employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner though such position had been in existence but unencumbered. Notwithstanding the provisions of this section,

the director of the budget may reduce the salary of any such position which is or becomes vacant.

12. The increases in salary and the lump sum payments payable pursuant to this section shall apply on a prorated basis to officers and ployees, otherwise eligible to receive an increase in salary or any such lump sum payment pursuant to this section, who are paid on an hourly per diem basis, employees serving, on a part-time or seasonal basis and employees paid on any basis other than at an annual salary rate in accordance with the terms of an agreement between the state and an employee organization reached pursuant to article 14 of the civil service 1aw, except that the provisions of subdivision ten of this section shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget.

13. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades, increases and payments pursuant subdivision ten of this section' in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the director of the budget is authorized to add appropriate adjustments and/or payments to the compensation which such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates which shall contain schedules of positions and the salaries and/or payments thereof for which adjustments and/or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comptroller, the department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

14. Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to officers or employees paid on a fee schedule basis.

15. Notwithstanding any of the foregoing provisions of this section, any increase in compensation may be withheld in whole or

in part from any employee to whom the provisions of this section are applicable when, in the opinion of the director of the budget and the director of ployee relations, such increase is not warranted or is not appropriate.

§ 5. Locational compensation for certain state officers and employees in the negotiating unit created by chapter 403 of the laws of 1983. Notwithstanding any inconsistent provisions of law, officers and em

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ployees, except part-time and seasonal employees, in the collective negotiating unit created by chapter 403 of the laws of 1983 established pursuant to article 14 of the civil service law, whose principal place of employment or, in the case of a field employee, whose official station as determined in accordance with the regulations of the comptroller is located in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk shall receive locational pay at the annual rate of seven hundred one dollars effective April 1, 1991, seven hundred one dollars effective April 1, 1992, seven hundred twenty-nine dollars effective April 1, 1993, seven hundred fifty-nine dollars effective April 1, 1994 and seven hundred sixty-eight dollars effective October 1, 1994. Such locational pay shall be in addition to and shall not be a part of an employee's basic annual salary, and shall not affect or impair any performance advancements or other rights or benefits to which an employee may be entitled by law, provided, however, that locational pay shall be included as compensation for purposes of computation of overtime pay and for retirement purposes.

§ 6. Notwithstanding any provision of law to the contrary, the appropriations contained in this act shall be available to the state for the payment and publication of grievance and arbitration settlements and awards pursuant to articles thirty-one and thirty-three of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit created by chapter 403 of the laws 1983 established pursuant to article 14 of the civil service law.

$7: During the period April 1, 1991 through March 31, 1995 there shall be an employee development and training committee established and administered pursuant to the terms of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit created by chapter 403 of the laws of 1983 established pursuant to article 14 of the civil service law and within the appropriations available therefor. Such committee shall develop and implement such programs pursuant to the terms of that agreement.

§ 8. During the period April 1, 1991 through March 31, 1995 there shall be established an employee assistance program to

be administered in accordance with the terms of the collective negotiating agreement between the state and the employee organization representing employees in the collective negotiating unit created by chapter 403 of the laws of 1983 established pursuant to article 14 of the civil service law and within the appropriations available therefor.

§ 9. The salary increases and benefit modification provided for by this act for state employees in the collective negotiating unit created by chapter 403 of the laws of 1983 established pursuant to article 14 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 14 of the civil service law.

§ 10. Use of appropriations: The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 1992 by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department 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 § 11. Date of

entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase of salary 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

at the beginning of the earlier of two payroll periods the first days of which are nearest but equally near to the effective date of such increase provided in this act; provided, however, that for the purposes of deterEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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mining the salary of such officer 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 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 twelve of this act.

§ 12. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, 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, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An incumbent holding a position subject to this act at any time during the period from April 1, 1992, until the time when basic annual salaries are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump 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 practicable.

§ 13. The several amounts as hereinafter set forth, or so much thereof as may be necessary, are hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April 1, 1992 to supplement appropriations from each respective fund available for personal service, other than 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 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.

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Personal Service regular

528,700 Temporary service

171,600 Overtime and holiday pay

3,000 Other than Personal Service State's contribution to the social security contribution fund

53,800 Employee benefit fund programs

70,900 Employee development and training

58,500 Child care centers

8,400 Committee on health benefits

1,500 Employee assistance program

1,000 $ 14. This act shall take effect immediately and shall be deemed to have been in full force and effect on April 1, 1992, provided, however, that sections one, two, three, five, seven and eight of this act shall be deemed to have been in full force and effect on April 1, 1991.

REPEAL NOTE. -Paragraph e of subdivision 1 of section 130 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 403 of the laws of 1983, and is replaced by revised salary schedules in new paragraph e.

Subdivision 10 of section 130 of the civil service law, repealed by section two of this act, provided certain performance based

payments for state employees in the collective negotiating unit created by chapter 403 of the laws of 1983, and is replaced by revised performance based payments for such employees in new subdivision 10.

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