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March 31, 1995, the basic annual salaries of incumbents of positions in the nonprofessional service, except those positions in the Cornell seryice and maintenance unit which are subject to the terms of a collective bargaining agreement between Cornell university and the employee organization representing employees in such positions, in institutions under the management and control of Cornell and Alfred universities as

representatives of the board of trustees of the state university may be increased pursuant to plans approved by the state university trustees. Such plans

may include new salary schedules which shall supersede the salary schedules then in effect applicable to such employees. Such plans shall provide for increases in basic annual salaries. Such increases in basic annual salary rates, exclusive of performance advancement payments

merit recognition payments, shall not exceed in the aggregate four percent of the total basic annual salary rates in effect on March 31, 1993, and five and one-quarter percent of the total basic annual salary rates in effect on March 31, 1994, for incumbents of positions subject to this subdivision. Such plans 'may provide, within the appropriations available therefor, an amount for distribution in whole or in part for meritorious service by Cornell university and Alfred university, in their discretion, with the approval of the state university trustees to the incumbents of such positions. During the fiscal years commencing April 1, 1991, April 1, 1992, April 1, 1993 and April 1, 1994, such plans may provide for lump sum payments. Any such lump sum'payment shall be in addition to and shall not be part of the employee's basic annual salary, provided, however, that any such lump sum amount shall be included as compensation for retirement purposes,

2. For the purposes of this section, the basic annual salary of employees is that salary which is obtained through direct appropriation of state moneys for the purpose of paying wages. Nothing in this part shall prevent increasing amounts paid to incumbents of such positions in the nonprofessional service addition to the basic annual salary; provided, however, that the amounts required for such increase, and the cost of fringé benefits attributable to such increase, as determined by the comptroller, are made available to the state in accordance with the procedures established by the state university for such purposes.

3. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section may be withheld in whole

in part from any officer or employee when such' withholding is necessary to reflect the job performance of such officer or employee, maintain appropriate salary relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels, or when such increase is not warranted' or is not appropriate and the salary of such officer or employee is set at the discretion of the appointing authority.

4. Notwithstanding the foregoing provisions of this subdivision or act or of any provision of law, rule or regulation to the contrary, the contract colleges at Corneli

and Alfred universities are authorized to provide for a procedure for the repayment of salaries withheld from incumbents of positions subject to this subdivision as described in subdivision one of this section, pursuant to subdivision 2-a of section 200 of the state finance law in lieu of the lump sum payment authorized by subdivision 3 of said section 200, subject to the approval of the state university trustees. Further, Corneli 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-a of section 200 of the state finance law.

§ 2. Implementation of salary increments for members of the unit consisting of troopers of the division of state police. Notwithstanding any provisions to the contrary in section 216-b of the executive law or any other law, the provisions of subparagraph 1 of paragraph a

of subdivi: sion 2 of section 215 of the executive law, as amended by chapter 500 of the laws of 1992, shall be implemented according to the terms of the collective negotiating agreement between the state and the employee organization representing the unit consisting of troopers of the division of state police established pursuant to article 14 of the civil service law for the period April 1, 1991 through March 31, 1995.

3. Subdivisions 2, 3 and 4 of section 3 of chapter 411 of the laws of 1992, amending the civil service law and the state finance law relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees, are amended to read as follows:

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2. 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 the [next] nearest whole dollar amount.

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 the [next] nearest whole dollar amount.

4. Effective October 1, 1994, the basic annual salary of officers and employees in full-time employment status on September 30, 1994 shall be increased by a percentage which is that portion of one and one-quarter percent which when applied to the standard base previously increased by four percent as provided in subdivision three of this section results in a standard base increased by a total of five and one-quarter percent adjusted to the [next] nearest whole dollar amount.

§ 4. Section 10 of chapter 411 of the laws of 1992, amending the civil service law and the state finance law relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees, is amended to read as follows:

§ 10. Notwithstanding any provision of law, rule or regulation to the contrary, an employee serving in a position within the security services negotiating unit or the security supervisors negotiating unit 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 salary so withheld returned in accordance with the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating units designated the security services negotiating unit or the security supervisors negotiating unit in lieu of the lump sum payment authorized by subparagraph (3)° of paragraph (a) of subdivision 2-a of section 200 of the state finance law. The salary of employees newly hired on or after September 1, 1992 into state service in positions within said negotiating units shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law.

§ 5. Section 17 of chapter 497 of the laws of 1992, amending the civil service law and the correction law, relating to compensation and benefits of certain state officers and employees excluded from collective negotiating units, is amended to read as follows:

$ 17. This aćt 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 and that sections two and four of this act shall take effect on and after April 1, 1993.

§ 6. Section 5 of chapter 498 of the laws of 1992, amending the executive law relating to additional 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, is amended to read as follows:

§ 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:

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POSITION

EFFECTIVE [4/1/92]

4/1/91 4/1/92 4/1/93 4/1/94 10/1/94 Sergeant and

2641
2641
2747
2857

2891
Technical Sergeant
Station Commander

2690
2690
2798
2910

2945 Zone Sergeant

2738
2738
2848
2962

2998 First Sergeant and

2917
2917
3034
3155

3193
Staff Sergeant
EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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Lieutenant and

3195
3195

3323 3456 3497
Technical Lieut.
Lieutenant BCI

3231 3231 3360 3494 3536 Captain

3279 3279

3410 3546 3589 Captain BCI

3279
3279

3410 3546 3589 Major

3279
3279

3410 3546 3589 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 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 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.

§ 7. Section 9 of chapter 499 of the laws of 1992, relating to providing for the adjustment of salaries of certain incumbents in the professional service in the state university, is amended to read as follows:

§ 9. 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 şection 200 of the state finance law. The salary of employees newly hired on or after September 1, 1992 into positions in the professional services negotiating unit shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law.

8. Subdivision 6 of section 10 of chapter 499 of the laws of 1992, relating to providing for the adjustment of salaries of certain incumbents in the professional service in the state university, is amended to read as follows:

(6) Notwithstanding the foregoing provisions of this section or act or of any provision of Iaw, rule or regulation to the contrary, Cornell and Alfred universities are 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 on or after September 1, 1992, shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law.

§ 9. Section 23 of chapter 500 of the laws of 1992, amending the executive law relating 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, is amended to read as follows:

§ 23. 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 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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Personal Service
Personal Service Regular

$4, 159,800
Overtime

569,900 Trooper performance bonus

93,000 Clothing allowance

474,300 Productivity gain

[80, 000) 400,000

Nonpersonal Service
State's contribution to the social
security contribution fund

411,300
Quality of work life committee

317 000 Indemnification fund

24,000
Joint committee on health benefits 7,800

Special Revenue Funds - Other
Miscellaneous Special Revenue Fund - 339
New York State Thruway Income Account

Personal Service
Personal Service

313,100
Overtime

42,900 Clothing Allowance

35,700 Productivity gain

[6,000 30,000 Trooper performance bonus

7,000

Nonpersonal Service
Fringe Benefits .

141,600
§ 10. Subdivision 5 of section 132 of the civil service law, as added
by chapter 581 of the laws of 1987 and as renumbered by chapter 582 of
the laws of 1988, is amended to read as follows:

5. Notwithstanding the provisions of this chapter or any other law and where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides on behalf of employees serving in positions in collective negotiating unit represented by such employee organization and for employees designated managerial or confidential pursuant to such article of this chapter and civilian state employees in the division of military and naval affairs whose positions are not in

excluded from representation rights in any recognized or certified negotiating unit, when positions allocated to one of the salary grades included in section one hundred thirty of this article are reallocated to a lower salary grade [as a result of the initial implementation of the provisions of section seventeen of chapter three hundred two, subdivision eleven of section nineteen of chapter three hundred six, section six of chapter three hundred three, or section eleven of chapter three hundred eight of the laws of nineteen hundred eighty-five], incumbents of such positions the effective date of such reallocations and employees on authorized leave from such positions on the effective date of such reallocations who subsequently return to such positions shall be entitled to be paid, and shall have all future salary computations authorized by this article made, on the basis of the higher grade from which such positions were reallocated as long as such officers and employees serve in such position as so reallocated.

§ 11. This act shall take effect immediately, provided however, that sections one, two and six of this act shall be deemed to have

been

in full force and effect on April 1, 1991 and section five of this act shall be deemed to have been in full force and effect on July 17, 1992. EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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281 199

AN ACT to amend chapter 562 of the laws of 1992, relating to directing

the commissioner of health to undertake a study on rebasing the reimbursement system for residential health care facilities; the public health law; the social services law; chapter 641 of the laws of 1992, amending the public health law relating to the exclusion of certain hospitals from the provisions therein; and a chapter of the laws of 1992,

amending the social services law relating to medicaid and general hospital reimbursements, as proposed in legislative bill number A. 12324; in relation to hospital reimbursements and medicaid benefits; and provides for the repeal of certain provisions of the public

health law and the social services law on the expiration thereof Became law August 7, 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 Assenbly, do enact as follows:

Section 1. The closing paragraph of section 1 of chapter 562 of the laws of 1992, relating to directing the commissioner of health to under: take a study on rebasing the reimbursement system for residential health care facilities, is amended to read as follows:

On or before October 1, 1992] May 1, 1993, the commissioner of health shall submit a report to the governor, the temporary president of the senate, the speaker of the assembly and the state hospital review and planning council, summarizing the results of the study and including related recommendations concerning the possible implementation of an up; date of the base year allowable costs, reweighted case-mix indices, and updated patient condition and resource needs data utilized for the establishinent of residential health

facility rates pursuant to title XIX of the federal Social Security Act.

5 2. Subdivision 1 of section 12-d of the public health law, as added by chapter 575 of the laws of 1992, is amended to read as follows:

1. In the event a medical facility fails to file the required financial and statistical reports, or specific additional data related to the rate setting process, on or before the prescribed due dates, or as the same may be extended by the commissioner, the commissioner shall reduce the current rate established [pursuant to Title XIX of the Federal Social Security Act] for payments by governmental agencies by up to two percent for a period beginning on the first day of the calendar month following the original due date of the required reports or additional data continuing until the last day of the calendar month in which said reports or data are filed. § 3.

3. The opening paragraph and clauses (B), (C) and (D) of subparagraph (iii) of paragraph (b) of subdivision 2-a of section 2807-c of the public health law, as amended by a chapter of the laws of 1992, amending the social services law, relating to medicaid and general hospital reimbursement, as proposed' in legislative bill number A. 12324, are amended to read as follows:

A health maintenance organization may apply to the state commissioner of social services on or before May first for

the nineteen hundred ninety-two rate period and on or before [July] October first preceding the nineteen hundred ninety-three rate year for an exemption from participation in managed care programs in a social services district on such bases as demonstration of a good faith effort to enter into a managed care contract with the social services district, or such other criteria as the commissioner of social services may establish.

(B) The health maintenance organization has submitted a letter of intent to contract with each of the districts in its service area, and has executed contracts with half of the districts in its service area by July first, nineteen hundred ninety-two, and with two-thirds of the districts in its service by January first, nineteen hundred ninety-three, and would have been able to execute contracts in the remaining districts but for an agreement with the department of social services to delay implementation; or

(C) The health maintenance organization has submitted a letter of intent to contract with each of the districts in its service area, and has executed contracts with districts in which at least half of the non

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