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the basis of a prorated basic annual salary and who, if employed on a full-time basis, would be eligible to be paid a minimum basic annual salary shall be paid a minimum basic annual salary which shall be the appropriately prorated amount of the minimum basic annual salary that would have been paid to the employee had the employee been employed on a full-time basis.

(c) Notwithstanding the provisions of subdivision one of this section, incumbents to whom the provisions of said subdivision one apply, who are in employment status on July 1, 1993, shall receive not less than the minimum basic annual salary provided for in the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law in force on July 1, 1993, for the rank or grade in which such incumbent serves.

(d) An incumbent promoted on or after the effective dates, appropriate to the incumbent's professional obligation or the incumbent's date of eligibility for salary increases, of the salary increases provided for in subdivisions one, four and eight of this section shall receive not less than the minimum basic annual salary provided for in such collective negotiating agreement then in force for the rank or grade to which the incumbent has been promoted.

(e) An employee hired on or after the effective dates, appropriate to the employee's professional obligation or the employee's date of eligibility for salary increases, of the salary increases provided for in subdivisions one, four and eight of this section shall receive not less than the minimum basic annual salary for the employee's rank or grade provided for in such collective negotiating agreement then in force commencing on the date the employee is placed in payroll status.

(14) The increases in salary payable pursuant to this section shall apply on a prorated basis to incumbents otherwise eligible to receive an increase in salary pursuant to this section, who are paid on an hourly or per diem basis, or who serve on a part-time basis or who are paid any basis other than at an annual salary rate.

(15), Notwithstanding any of the foregoing provisions of this section, the salary increases or payments provided by this section

shall not apply: to employees deemed be casual employees pursuant to the resolution of improper practice charge U-5724 brought against the state by the employee organization representing the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, to extra service compensation, to summer session compensation, to compensation derived from clinical practice plan arrangements; nor shall anything in this section be deemed to provide any adjustment in salary or other compensation of any person holding a chair established pursuant to section 239 of the education law.

(16) Basic annual salary. For the purposes of this section, basic annual salary is the amount of annual compensation payable to an employee for the performance of the employee's professional obligation, as such obligation is set forth in title , article XI, of the policies of the board of trustees of the state university of New York, from state moneys appropriated for such purpose. Nothing herein shall prevent

increasing amounts paid to incumbents of positions of the professional service in the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law in addition to the basic annual salary; provided, however, that the amounts required for such other increases and the cost of fringe benefits attributable to such other increases as determined by the comptroller, are made available to the state in accordance with procedures established by the state university; provided that the state university shall annually submit a

report the director of the budget specifying aggregate amounts by campus, sources and expenditure of such funds as payment for such increases.

(17) 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 chancellor of the state university of New York and the director of employee relations, such increase is not warranted or is not appropriate. EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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$ 2. Additional compensation for certain state officers and employees within the professional services negotiating unit of the state university. Notwithstanding any provision of law to the contrary and to the extent that an agreement collectively negotiated pursuant to article 14 of the civil service law so provides, professional employees as defined by the policies of the board of trustees of the state university of New York within the professional services negotiating unit of the state university established pursuant to article 14 of the civil service law, who provide patient care services on a full-time basis in the areas of a hospital or clinic specified in the collectively

collectively negotiated agreement for the professional services negotiating unit' in the state university and who are eligible to accrue overtime credits, shall be considered to have worked a minimum of four hours each time they are recalled to work overtime after having completed their scheduled work period and left their scheduled work station. In the event any such professional employee works in excess of four hours upon such recall, such professional employee shall receive overtime compensation for the hours actually worked. To the extent that an agreement collectively negotiated pursuant to article 14 of the civil service law so provides, any such' profes; sional employee who is not eligible to accrue' overtime credits shall receive additional compensation at the rate of one and one-half times the regular hourly rate of compensation for time actually worked when such professional employee is recalled to work after having completed the scheduled work period and left the scheduled work area, but, in no case, shall such professional employee receive less than four hours of additional compensation upon recall. Any professional employee eligible to receive compensation pursuant to this section who is recalled to work more than once during a period of one-half day commencing with the onset of the initial recall will not be eligible for more than four hours of compensation in any form unless

than one-half day is actually worked. Any compensation paid pursuant to this section shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amounts payable pursuant to this section shall be included as compensation for retirement purposes.

§ 3. On-call compensation for certain state officers and employees in the professional services negotiating unit of the state university, Notwithstanding, any provision of law to the contrary, any professional employee eligible to receive compensation pursuant to section two of this act, who is required to be available for immediate recall and who must be prepared to return to duty within a limited period of time may be granted additional compensation for each day such employee is actually scheduled to remain and remains available for recall. Such additional compensation shall be paid at a rate established pursuant to the agreement negotiated between the state and an employee organization pur; suant to article 14 for the civil service law. Such compensation shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amount payable pursuant to this section shall be included as compensation for retirement purposes.

§ 4. Health insurance coverage for part-time employees in the professional services negotiating unit of the state university. Notwithstanding any provision of law to the contrary, any employee serving in a position within the professional services negotiating unit of the state university who serves on a part-time basis and is otherwise ineligible to receive health insurance coverage may participate in the state health insurance program provided that such part-time employee pays the full premium cost for the coverage provided by such health insurance program,

§ 5. During the period July 1, 1991 through July 1, 1995, there shall be a statewide labor-management committee continued and administered pursuant

to the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law which shall have the responsibility for studying and making recommendations concerning the major issues of professional development and the quality working life, and implementing the agreements reached between the state and such employee organization.

§ 6. During the period July 1, 1991 through July 1, 1995, there shall be a statewide labor-management committee continued and administered

to the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article of

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the civil service law which shall have the responsibility for studying and making recommendations concerning employment related issues required by provisions of the collectively negotiated agreement and administering the continuity of employment fund subject to the approval of the state and such employee organization,

§ 7. During the period July 1, 1991 through July 1, 1995, there shall be a statewide labor-management committee continued and administered pursuant to the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law which shall have the responsibility, for studying and making recommendations concerning issues of safety in the workplace and implementing such agreements which may be entered into between the state and such employee organization concerning such issues.

§ 8. During the period July 1, 1991 through July 1, 1995, there shall be a statewide labor-management committee continued

and administered pursuant to the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law which shall have the responsibility for studying and making recommendations concerning matters of mutual interest in the

of equal employment and affirmative action concerning minorities, women, persons with disabilities and Vietnam era veterans and implementing such agreements which may be entered into between the state and such employee organization concerning such matters.

$ ģ. Notwithstanding any provision of law, rule or regulation to the contrary, an employee serving in a position within the professional services negotiating unit of the state university established pursuant to article 14 of the civil service law whose salary was withheld pursuant to subdivision 2-a of section 200 of the state finance law shall have such withheld salary returned to him or her in accordance with the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York in lieu of the lump sum payment authorized by subdivision 3 of said section 200 of the state finance law. The salary of employees newly hired after September 1, 1992 into positions in the professional services negotiating unit shall not be subject to the provisions of subdivision 2-8 of section 200 of the state finance law.

§ 10. Compensation for certain employees of contract colleges. (1) The provisions of this section shall apply to incumbents of positions in the professional service in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university, other than incumbents of positions which in the opinion of the director of employee relations would be designated managerial or confidential were they subject to article 14 of the civil service law.

(2) Commencing July 1, 1994, there shall be available an amount equal to seven-tenths of one percent of the June 30, 1993, basic annual salaries and three-tenths of one percent of the June 30, '1992, basic annual salaries of incumbents of positions subject to the provisions of this section, for distribution in whole or in part for meritorious service by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees, to incumbents of positions subject to the provisions of this section. Commencing, July 1, 1995, there shall be available an amount equal to seven-tenths of one percent of the basic annual salaries on June 30, 1994, and three-tenths of one percent of the basic annual salaries on June 30, 1992, of incumbents of positions subject to the provisions of this section for distribution in whole or in part for meritorious service by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees, to incumbents of positions subject to the provisions of this section.

(3) Effective July 1, 1993, for incumbents of positions subject to the provisions of this section having a calendar year

college year professional obligation, and effective September 1, 1993, for incumbents of positions subject to

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academic year professional obligation, the basic annual salaries of such incumbents may be increased by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees. Such increases in'basic annual salary, exclusive of amounts for meritorious service pursuant to subdivision two of this section, shall not exceed in the aggregate four percent of the total basic annual salary rates in effect on June 30, 1993, of incumbents of positions subject to the provisions of this section.

(4) Effective July 1, 1994, for incumbents of positions subject to the provisions of this section having calendar year or college year professional obligation, and effective September 1, 1994, for incumbents of positions subject to the provisions of this section having academic year professional obligation, the basic annual salaries of such incumbents may be increased by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees. Such increases in'basic annual salary, exclusive of amounts for meritorious service pursuant to subdivision two of this section, shall not exceed in the aggregate four percent of the total basic annual salary rates in effect on June 30, 1994, of incumbents of positions subject to the provisions of this section.

(5) Effective January 1, 1995, for incumbents of positions subject to the provisions of this section having a calendar year college year professional obligation, and effective March 1, 1995, for incumbents of positions subject to the provisions of this section having an academic year professional obligation, the basic annual salaries of such incumbents may be increased by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees. Such increases in basic annual salary, exclusive of amounts for meritorious service pursuant

to subdivision two of this section, shall not exceed 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.

(6) Notwithstanding the foregoing provisions of this section or act or of any provision of law, rule or regulation to the contrary, Cornell and Alfred universities authorized to provide for a procedure for the repayment of salaries withheld from incumbents of positions subject to this section pursuant to subdivision 2-a of section 200 of the state finance law in lieu of the lump sum payment authorized pursuant to subdivision 3 of said section 200, subject to the approval of the state university trustees. Further, Cornell and Alfred universities are authorized to provide that the salary of employees newly hired after September 1, 1992, shall not be subject to the provisions of subdivision 2-8 of section 200 of the state finance law.

(7) Notwithstanding the foregoing provisions, any increase in compensation, provided pursuant to this section may be withheld in whole or in

from any officer or employee when, in the opinion of the chief ad, ministrative officer of Cornell university or Alfred university, such increase is not warranted or is not appropriate.

§ 11. Notwithstanding any provision of law to the contrary, the appropriations contained in this act shall be available to the state for the payment

of grievance and arbitration settlements and awards pursuant to article 7 of the collective negotiating agreement between the state and employee organization representing the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law.

§ 12. The salary increases and benefit modifications provided for by this act for state employees in the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations has 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 and ratified prior to September 1, 1992 pursuant to the ratification procedure of the employee organization certified pursuant to article 14 of the civil service law to represent such collective negotiating unit.

§ 13. 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

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any appropriation or other funds available to such state department
agency for personal service or for other related employee benefits dur-
ing such fiscal year. To the extent that such appropriations are insuf-
ficient to accomplish the purposes herein set forth, the director of the
budget is authorized to allocate to the various departments and agen-
cies, from any appropriations available, the amounts necessary to pay
such amounts.

§ 14. Payment from special or administrative funds. If the compensa-
tion to which officers and employees of the state are otherwise entitled
is payable from a special or administrative fund or funds of the state,
other than the general fund or the capital projects fund of the state,
the increase in compensation to which such officers or employees are en-
titled under this act shall be payable from such other fund or funds in
the same manner as such other compensation. If the amounts appropriated
or allocable from such other fund or funds are insufficient to
plish the purposes

of this act, the director of the budget is hereby
authorized to allocate such additional sums from such other fund
funds as may be necessary therefor; provided, however, that no transfer
shall be made between two or more of such funds.

§ 15. Effect of participation in special annuity program. No employee participating in a special annuity, program pursuant to the provisions of article 8-6 of the education law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary adjustment which such officer or employee would otherwise be entitled by reason of participation in such program, and such salary adjustment shall be based

upon the salary of such officer or employee without regard to the reduction authorized by said article.

$ 16. Section 17 of the public officers law is amended by adding a new subdivision 11 to read as follows:

11. The provisions of this section shall not apply to physicians who are subject to the provisions of the plan for the management of clinical practice income as set forth in the policies of the board of trustees, title 8, New York codes* rules and regulations, regarding any civil tion or proceeding, alleging some professional malpractice in any state or federal court arising out of the physician's involvement in clinical practice as defined in that plan.

§ 17. 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 available for fringe benefits, and to carry out the provisions of this act.

No money shalí be available for expenditure from this appropriation until a certificate of approval of availability 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.

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State's contribution to the social security
contribution fund ..

126,300
Employee benefit fund

2,700,000
Contract administration

95,000
MAINTENANCE UNDISTRIBUTED
For services and expenses to carry out the

provisions of this act, including: adjust-
ments to compensation; 'funding for profes-
şional development and quality of working
life, day care, safety and health, em-
ployee assistance programs,

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* So in original. (Comma inadvertently omitted. )
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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