§ 17. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1992, provided, however, that the amendments made by sections five and ten of this act shall be deemed to have been in full force and effect on and after April 1, 1991. REPEAL NOTE. -Paragraph d of subdivision 1 of section 130 of the civil service law, repealed by section two of this act, provided salary schedules for state employees designated managerial and confidential pursuant to article 14 of the civil service law and is replaced by revised salary schedules in a new paragraph d. Subdivision 1 of section 19 of the correction law, repealed by section four of this act, provided salary schedules for superintendents of correctional facilities and is replaced by revised salary schedules in a new subdivision 1. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 498 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the executive law, in relation to additional compensation for certain members of the division of state police; to compensation, benefits and other terms and conditions of employment of members of the unit consisting of commissioned and non-commissioned officers of the division of state police; to implement an agreement between the state and an employee organization; to authorize funding of joint labor-management committees; to repeal certain provisions of the executive law and section 5 of chapter 579 of the laws of 1988 amending the executive law, relating to additional compensation for certain members of the division of state police, and making an appropriation for the purpose of effectuating certain of the provisions hereof Became a law July 17, 1992, 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: is added Section 1. Subparagraph 2 of paragraph a of subdivision 2 of section 215 of the executive law is repealed and a new subparagraph 2 to read as follows: (2) Members in the positions listed below: § 2. Paragraph b of subdivision 2 of section 215 of the executive law is repealed and a new paragraph b is added to read as follows: b. Each member in the position of lieutenant, technical lieutenant, captain or major shall receive an annual salary pursuant to the ing schedule, on the effective dates indicated: follow § 3. Paragraph b of subdivision 2 of section 216 of the executive law is repealed and a new paragraph b is added to read as follows: b. Each member assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent in the position of lieutenant or captain shall receive an annual salary pursuant to the following schedule, on the effective dates indicated: POSITION Lieutenant BCI Captain BCI § 4. 4/1/91 4/1/92 EFFECTIVE 4/1/94 10/1/94 54235 56404 Section 5 of chapter 579 of the laws of 1988, amending the executive law, relating to additional compensation for certain members of the division of state police, is repealed. § 5. Additional compensation for certain employees for overtime work. Notwithstanding any provision of law to the contrary, during the period April 1, 1991 through March 31, 1995, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article 14 of the civil service law, shall receive additional compensation in lieu of any other compensation for overtime work according to the following annual rate schedule effective on the dates indicated: Notwithstanding the above, the non-commissioned officers of the division of state police shall be eligible for overtime compensation at the rate of time and one-half for certain overtime work pursuant to the budget director's overtime compensation rules and subject to the terms of an agreement negotiated between the state and an employee organization pursuant to article 14 of the civil service law. Compensation paid pursuant to this section shall be paid in addition to and shall not be a part of the member's annual basic salary, and shall not affect or impair any increments or other rights or benefits to which the member may be entitled, provided, however, that any payment made pursuant to this section shall be included as compensation for retirement purposes. of § 6. Officers and employees to whom the provisions of this section apply who are in full-time employment status on January January twenty-eighth, nineteen hundred ninety-three and on March twenty-fourth, nineteen hundred ninety-three shall be entitled to a non-recurring lump sum payment. Such payment shall be in an amount equal to such officer's or employee's basic annual salary on March thirty-first, nineteen hundred ninety-three 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 ficer 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, nineteen hundred ninety-three and shall not be a part of such officer's or employee's basic salary, provided, however, that any amounts payable pursuant to this section shall be included as compensation for retirement purposes. Notwithstanding the foregoing provisions of this section, 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 twenty-eighth, nineteen hundred ninety-three and March twenty-fourth, nineteen hundred ninety-three 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. Officers and employees to whom the provisions of this section apply who are in full-time employment status on February tenth, nineteen hundred ninety-four and on April sixth, nineteen hundred ninety-four shall be entitled to a non-recurring lump sum payment. Such payment shall be in an amount equal to such officer's or employee's basic annual salary on March thirty-first, nineteen hundred ninety-four 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 ficer or employee who is not in full-time employment status at any time during the period between the applicable eligibility dates. Such payment So in original. ("4/1/92" should be "4/1/91".) of EXPLANATION-Matter in italics is new; matter in brackets [] is old law shall be made no later than September thirtieth, nineteen hundred ninety-four and shall not be a part of such officer's or employee's basic salary, provided, however, that any amounts payable pursuant to this section shall be included as compensation for retirement purposes. Notwithstanding the foregoing provisions of this section, 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 tenth, nineteen hundred ninety-four and April' sixth, nineteen hundred ninety-four 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. § 7. During the period April 1, 1991 through March 31, 1995, there shall be continued a joint committee which shall have the responsibility for studying and making recommendations to the director of employee relations on professional development and increased productivity for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article 14 of the civil service law. Such committee shall be established and administered pursuant to the terms of the negotiated agreement covering such unit and within the appropriations available therefor. § 8. Shift compensation. Notwithstanding any provision of law to the contrary, effective April 1, 1991, and until March 31, 1995, members of the collective negotiating unit consisting of officers and noncommissioned officers in the division of state police shall receive additional shift compensation at the rate of seven dollars and eighty-two cents for each tour of duty commencing between nine p.m. and one a. m. (A line) actually worked, and four dollars and fifty-six cents for each tour of duty commencing between one p.m. and five p.m. (C line) actually worked. Such additional shift compensation shall be included as compensation for retirement purposes, provided, however, that such additional compensation shall not be part of a member's annual basic salary. The director of the budget may adopt such regulations as he may deem necessary to carry out the provisions of this section, subject to the terms of the agreement collectively negotiated between the state and the employee organization representing such members pursuant to article 14 of the civil service law. § 9. Additional compensation for certain members in recognition of unused sick leave credits. Notwithstanding any other provision of law to the contrary and subject to the terms of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit consisting of commissioned and noncommissioned officers in the division of state police established pursuant to article 14 of the civil service law, a productivity gain program shall be established and remain in effect for such unit members during the period April 1, 1991 through March 31, 1995 which shall provide for lump sum payments in recognition of unused sick leave credits. Such members whose sick leave usage is less than five days during the determination period shall receive a lump sum payment of two hundred fifty dollars for that program year and such members whose sick leave usage is five days through eight days during the determination period shall receive a lump sum payment of one hundred twenty-five dollars for that program year. Such members whose sick leave usage is in excess of eight days during the determination period shall not receive a lump sum payment for that program year. For the first year of the program the determination period shall be April 1, 1991 through March 31 1992; for the second year of the program the determination period shall be April 1, 1992 through March 31, 1993; for the third year of the program the determination period shall be April 1, 1993 through March 31, 1994; for the fourth year of the program the determination period shall be April 1, 1994 through March 31, 1995. Such lump sum payments shall be in a separate check and shall be made on or about June 1, following the conclusion of the determination period for the program year. Such payments shall be in addition to and shall not be a part of the member's annual basic salary, and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, such payments shall be included as compensation for retirement purposes. Verified on or off the job injuries resulting in absence from duty and absence due to approved leave for death in the immediate family shall not be considered leave used for the purposes of this section. in § 10. Additional compensation for certain members for unused sick leave credits. Notwithstanding any other provisions of law to the contrary, effective April 1, 1991 members of the division of state police above the rank of trooper, except those members serving in positions the bureau of criminal investigation as investigators and senior investigators, shall receive a lump sum cash payment for accumulated and unused sick leave credit standing to the member's credit at the time of separation from service by retirement. The amount of such payments shall be determined in the following manner. The number of days of such accumulated and unused sick leave, not to exceed three hundred days, less one hundred sixty-five days shall be multiplied by the member's daily rate of pay in effect at such separation. The lump sum payment shall be one-fifth of such amount. Such additional compensation shall be in addition to and shall not be a part of the member's annual basic salary and shall not affect or impair any rights or benefits to which the member may be entitled by law, provided, however, that such lump sum payment shall be included as compensation for retirement purposes. § 11. During the period April 1, 1991 through March 31, 1995, there shall be a committee for the purpose of promoting continuing education and training for employees in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article 14 of the civil service law. Recommendations of the committee shall be made to the director of employee relations. Such committee shall be administered and such recommendations as are approved by the director of employee relations shall be implemented pursuant to the terms of the negotiated agreement covering such unit and within the appropriations available therefor. Stipends provided for education and training pursuant to this section shall be in addition to, and shall not be part of, a member's annual basic salary and shall not be regarded as salary or compensation for the purpose of determining the right to any increase of salary or compensation; provided, however, that such amount shall be included as compensation for retirement purposes. § 12. During the period April 1, 1991 through March 31, 1995 there shall be a committee established and administered pursuant to the terms of the collective negotiating agreement covering commissioned and noncommissioned officers of the division of state police established pursuant to article 14 of the civil service law which shall develop an advanced degree educational opportunity program for members of such unit which program shall be implemented pursuant to the terms of such collective negotiating agreement and within the appropriations available therefor. § 13. Notwithstanding any any provision of law to the contrary, effective April 1, 1991 through March 31, 1995, in recognition that members of the collective negotiating unit consisting of commissioned and noncommissioned officers in the division of state police established pursuant to article 14 of the civil service law assume higher level responsibilities, such members shall receive an annual lump sum payment of two hundred dollars. Such lump sum payment shall be in addition to and shall not be a part of the member's annual basic salary and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, such payments shall be included as compensation for retirement purposes., §14. Notwithstanding any provision of law to the contrary, members of the collective negotiating unit consisting of commissioned and noncommissioned officers in the division of state police established pursuant to article 14 of the civil service law, shall on or after April 1, 1991 be ineligible for additional compensation pursuant to subdivision 6-b of section 134 of the civil service law. 15. Locational compensation. Notwithstanding any inconsistent provisions of law, members, except part-time and seasonal employees, of the division of state police in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police 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 (1) in the county of Monroe and who were on the payroll on March 31, 1985 and who have received locational compensation continuously since then shall receive locational pay at the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |