employment, the joint committee on health benefits and the affirmative action committee 4,249,100 § 18. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 1991. CHAPTER 500 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the executive law, in relation 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; to implement agreement between the state and an employee organization; to repeal certain provisions of such law and sections 7 and 10 of chapter 556 of the laws of 1988 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, relating thereto; and to amend the state finance law, in relation to an employee benefit fund, and making an appropriation for the purpose of effectuating certain provisions hereof Passed on Became a law July 17, 1992, with the approval of the Governor. 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: Section 1. Subparagraph 1 of paragraph a of subdivision 2 of section 215 of the executive law is repealed and a new subparagraph 1 is to read as follows: (1) Members in the position of trooper: added § 2. Subdivision 2 of section 216-b of the executive law, as amended by chapter 556 of the laws of 1988, is amended to read as follows: 2. When a member whose annual basic salary is prescribed by subparagraph one of paragraph a of subdivision two of section two hundred fifteen of this article has, by or after May second, nineteen hundred eighty-eight, completed the number of years of satisfactory service set forth below as a member in the division of state police, such member shall be entitled on the first day of the payroll period following the member's anniversary date of appointment to the division of state police, to additional annual salary which when added to the annual basic salary to which such member is otherwise entitled shall result in annual basic salary as follows: Notwithstanding the foregoing provisions of this subdivision, members whose annual basic salary is prescribed by subparagraph one of paragraph a of subdivision two of section two hundred fifteen of this article who have completed such years of such satisfactory service prior to June ninth, nineteen hundred eighty-eight shall, effective on and after June ninth, nineteen hundred eighty-eight, have their annual basic salary increased to the amounts herein specified if the annual basic salary to which such members are otherwise entitled is less than such amounts. ] 20 years of $42,769 $43,283 service $40,003 $40,003 $41,603 § 3. Sections 7 and 10 of chapter 556 of the laws of 1988, 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, are repealed. § 4. Subdivision 2 of section 207-b of the state finance law, as amended by chapter 421 of the laws of 1990, is amended to read as follows: 2. Where and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides on behalf of employees in the collective negotiating units consisting of troopers; commissioned and noncommissioned officers; and investigators, senior investigators and investigative specialists in the division of state police established pursuant to article fourteen of the civil service law, and upon audit and warrant of the comptroller, the director shall provide for the payment of moneys to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the negotiating units covered by the controlling provisions of such agreement providing for such employee benefit fund, such amount to be determined consistent with said agreement on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on a full-time basis as determined by the comptroller on the payroll on March first, nineteen hundred [eighty-eight] ninety-one for payments to be made on April first, nineteen hundred [eighty-eight] ninety-one, and on the payroll on March first, nineteen hundred [eighty-nine] ninety-two for payments to be made on April first, nineteen hundred [eighty-nine, and on the payroll on March first, nineteen hundred ninety for payments to be made on April first, nineteen hundred ninety] ninety-two, and the payroll on March first, nineteen hundred ninety-three for payments to be made on April first, nineteen hundred ninety-three, and on the payroll on March first, nineteen hundred ninety-four for payments to be made on April first, nineteen hundred ninety-four. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the general fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the comptroller will establish procedures to ensure repayment from said special or administrative funds. The director may enter into an agreement with an employee organization which sets forth the specific terms and conditions for the establishment and administration of an employee benefit fund as a condition for the transmittal of moneys pursuant to this section. on 5. Lump sum payments. 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 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 thousand one hundred thirty-seven 31, 1993 multiplied by six ten thousandths of a provided, however, percent, 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 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 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 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 28, 1993 and March 24, 1993 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 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 or employee's basic annual salary on 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 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 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. § 6. Additional compensation for troopers in the division of state police. Notwithstanding any provision of law to the contrary, members of the division of state police in the collective negotiating unit consisting of troopers shall, effective at the beginning of each fiscal year during the period April 1, 1991 through March 31, 1995, receive a lump sum payment of two hundred dollars provided that on April 1 of such fiscal year such member (1) has fifteen or more years of service in the division, or a total of fifteen or more years of service in the division and in the state office of parks, recreation and historic preservation and transferred to the division of state police pursuant to the provisions of chapter 276 of the laws of 1979 and (2) has received an overall performance rating of excellent for the one-year period ending the December 31 immediately prior to such April 1, and (3) meets the standard of height and weight as recorded in the most recent physical examination provided by the division of state police. The amounts received 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 employee may entitled, provided, however, that any such amounts shall be included as compensation for retirement purposes. be § 7. Shift compensation. Notwithstanding any provision of law to the contrary, members of the collective negotiating unit consisting of troopers in the division of state police, other than troopers attending the state police academy for basic training, shall receive, additional shift compensation at the rate, effective April 1, 1991, 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, four dollars and fifty-six cents for each tour of duty commencing between one p.m. and five p.m. (C line) actually worked, and seven dollars and eighty-two cents for each tour of duty commencing at eight p.m. or nine p.m. (A-9 line) actually worked. Such additional shift compensation shall be paid in addition to and shall not be a part of the member's annual basic salary, provided, however, that any additional shift compensation payable pursuant to this section shall be included as compensation for the purposes of computation of overtime pay and for retirement purposes. 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 or 贷 ganization representing such members pursuant to article 14 of the civil service law. § 8. Notwithstanding any provision of law to the contrary, effective April 1, 1991, members of the collective negotiating unit consisting of troopers in the division of state police, who are required to work short swings, shall receive additional compensation of twenty dollars for each short swing they are required to work and actually work. There shall be no short swing compensation where the short swing is worked at the request of or for the convenience of, the member, as determined by the division of state police. The definition of short swing shall be a tour of duty commencing between the hours of five a. m. and nine a.m. (B line) followed by a tour of duty commencing between nine p. m. and one a. m. (A line) on consecutive days, or, a tour of duty commencing between the hours of one p.m. and five p.m. (Ć line), followed by a tour of duty commencing between the hours of five a. m. and nine a. m. (B line) on consecutive days. Such additional compensation shall not be payable if such member's hours of work continue from the conclusion of the former shift to the commencement of the latter shift without interruption. The additional compensation payable pursuant to this section 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, that any compensation payable pursuant to this section shall be included as compensation for the purposes of computation of overtime pay and for retirement purposes. 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. pro § 9. Additional compensation for certain employees in recognition of unused sick leave credits. Notwithstanding any 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 troopers in the division of state police established pursuant to article 14 of the civil service law, the productivity gain program shall 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 gram the determination period shall be April 1, 1993 through March 31, 1994, and 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 first following the conclusion of the determination period for the program year. Such payments shall be in addition to and shall not be a the member's basic annual 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 absences due to approved leave for death in the immediate family shall not be considered leave used for the purposes of this Additional compensation for certain employees for unused sick leave credits. Notwithstanding any other provision of law to the contrary, effective April 1, 1991, members of the division of state police in the position of trooper shall receive a lump sum cash payment for accumulated and unused sick leave credits standing to the employee's credit at the time of separation from service by retirement. The amount of such payment shall be determined in the following manner. The number of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law section. § 10. part of days of such accumulated and unused sick leave not to exceed two hundred sixty days, less one hundred sixty-five days shall be multiplied by the member's daily rate of pay in effect at the time of separation from service by retirement. 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. 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 troopers 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 in the county of Monroe and who were on the payroll on March 31, 1985 and who have received this locational compensation continually since then, shall receive locational pay at the rate of two hundred dollars per year effective April 1, 1991 provided they continue to be otherwise eligible. Such members, in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk shall receive locational pay at the 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 a member's annual basic salary, and shall not affect or impair any increments or other rights or benefits to which a member may be entitled by law, provided, however, that locational pay shall be included as compensation for purposes of computation of overtime pay for retirement purposes. and § 12. 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 agreement between the division of state and the employee organization representing members in the collective negotiating unit consisting of troopers of the division of state police established pursuant to article 14 of the civil service law and within the appropriations available therefor. § 13. Uniform allowance. In recognition of the general requirement for members of the collective negotiating unit consisting of troopers in the division of state police, established pursuant to article 14 of the civil service law, to purchase special clothing such as fatigues and caps for special details and to the extent that an agreement between the state and an employee organization entered into pursuant to article 14 of the civil service law so provides on behalf of such members, each such member shall receive one hundred dollars each fiscal year during the period April 1, 1991 through March 31, 1995. § 14. Education and training. 1. During the period April 1, 1991 through March 31, 1995 there shall be a committee established for the purpose of promoting continued education and training and studying issues concerning professional development and continued education and training for members in the collective negotiating unit consisting of troopers of the division of state police established pursuant to article 14 of the civil service law. Such committee shall be established and 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 subdivision shall be in addition to, and shall not be a part of, the member's basic annual 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. ad 2. During the period April 1, 1991 through March 31, 1995, the committee established in subdivision one of this section shall develop an vanced degree educational opportunity program for members of such collective negotiating unit which shall be administered pursuant to the terms of the collective negotiating agreement entered into pursuant to article 14 of the civil service law covering such unit and within the appropriations available therefor. |
