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

§ 7. Non-recurring lump sum payment for certain state officers and
employees. l. Notwithstanding any other provision of law, officers and
employees whose positions are designated managerial or confidential pur-
suant to article 14 of the civil service law, civilian state employees
of the division of military and naval affairs in the executive depart-
ment whose positions are not in, or are excluded from representation
rights in,' any recognized or certified negotiating unit, officers and
employees excluded from representation rights under article 14 of the
civil service law pursuant to the rules and regulations of the public
employment relations board, officers and employees whose salaries
prescribed by section 19 of the correction law, and officers holding
positions set forth in subdivision 1 of section 169 of the executive law
who are in full-time employment status on January 28, 1993 and on March
24, 1993 for officers and employees on the administrative payroll and on
February 4, 1993 and on March 31, 1993 for officers and employees on the
institutional payroll shall be entitled to non-recurring lump
payment. Such' payment shall be in an amount equal to such officer's or
employee's basic annual salary on March

1993 multiplied by six thousand 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 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 ployment status on January 28, 1993 and March_24, 1993 for officers and employees on the administrative payroll or on February 4, 1993 and April 1,' 1993 for officers and employees on the institutional payroll 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.

2. Notwithstanding any other provision of law, officers and employees whose positions are designated managerial or confidential pursuant to article 14 of the civil service law, civilian state employees of the division of military and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit, officers and employees çluded from representation rights under article 14 of the civil service law pursuant to rules and regulations of the public employment relations board,, officers and employees whose salaries are prescribed by section 19 of the corrections law, and officers holding positions set forth in subdivision 1 of section 169 of the executive law who are in full-time employment status on February 10, 1994 and on April 6,, 1994 for officers and employees on the administrative payroll and on February 3, 1994 and on March 30, 1994 for officers and employees the institutional payroll 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, 1994 multiplied by six thousand one hundred thirty-seven- ten thousandths of a percent, provided, 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 employee's basic salary,

provided, however, that any amounts payable pursuant to this subdivision shall be included

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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 for officers and employees on the administrative payroll or on February 3, 1994 and March 30, 1994 for officers and employees on the institutional payroll 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

upon the number of days in full-time employment status during the period between and including the applicable eligibility dates.

3. The lump, sum payments payable pursuant to this section shall apply on a prorated basis to officers and employees otherwise eligible to receive such payment pursuant to this act 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.

કે 8. Compensation for certain state officers and employees in the division of state police. 1. The provisions of this section shall apply to officers and employees whose salaries are provided for by paragraph (a). Offsubdsudkiobfticérsecanan 2mp 10 fethe executivew law.

the following increases shall apply:

(a) Effective April 1, 1993, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by four percent adjusted to the nearest whole dollar amount.

(b) Effective April 1, 1994, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by four percent adjusted to the nearest whole dollar amount.

(c) Effective October 1, 1994, the basic annual salary of officers and employees to whom the provisions of this subdivision apply who are 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 that, 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 the nearest whole dollar amount.

3. 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 for officers and employees on the administrative payroll and on February 4, 1993 and on March 31, 1993 for officers and employees on the institutional payroll 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, 1993 multiplied by six thousand one hundred thirty-seven ten thousandths of 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

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 em ployment status on January 28, 1993 and March 24, 1993 for officers

and employees on the administrative payroll or on February 4, 1993 and April 1, 1993 for officers and employees on the institutional payroll 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.

4. 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 for officers and employees on the administrative payroll and on February 3, 1994 and on March 30, 1994 for officers and employees on the institutional payroll 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

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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 subdivision shall be included pensation 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 for officers and employees on the administrative payroll or on February 3, 1994 and March 30, 1994 for officers and employees on the institutional payroll 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.

5. The increases in salary and lump sum payments payable pursuant to this section shall apply on a prorated basis to officers and employees otherwise eligible to receive an increase in salary, or any such lump sum payment pursuant to this act who are paid

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.

6. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section or

result of promotion, appointment, or advancement to a higher salary grade may be withheld in whole or in part from any officer or employee when, in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among

officers or employees of the state, or to reduce state expenditures to acceptable levels or, when in the opinion of the director of the budget, 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. § 9. Compensation for certain state employees in the state university and certain employees of contract colleges Cornell and Alfred universities. 1. Effective April 1, 1993, April 1, 1994, and October 1, 1994, the basic annual salary of incumbents of positions in the professional service in the state university that are designated, stipulated, or excluded from negotiating units managerial confidential as defined pursuant to article 14 of the civil service law, may be increased pursuant to plans approved by the state university trustees. Such increases in 'basic annual salary rates, exclusive of amounts for meritorious service pursuant to subdivision three of this section, shall not exceed in the aggregate four percent, four percent, and one and onequarter percent respectively of the total basic annual'salary rates in effect

on March 31 of the preceding fiscal year for incumbents of positions subject to this subdivision.

2. Effective April 1, 1993, April 1, 1994, and October 1, 1994, the basic annual salary of incumbents of positions in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university that, 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 may be increased pursuant to plans approved by the state university trustees. Such increases in basic annual salary rates, exclusive of amounts for meritorious service pursuant to subdivision three of this section, shall not exceed in the aggregate four percent, four percent,, and one and one-quarter percent respectively of the total basic annual salary rates in effect on March 31 of the preceding fiscal

year for incumbents of positions subject to this subdivision. 3: (a) During the fiscal years commencing April 1, 1993 and April 1, 1994, the state university trustees, at their discretion, may

provide within the appropriations available therefor, the amounts for distribution in whole or in part for meritorious service to incumbents of posi

in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service (b) During the fiscal years commencing April 1, 1993 and April 1, 1994, Cornell and Alfred universities, at their discrétion and with thé EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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approval of the state university trustees, may provide within the appropriations available therefor, amounts for distribution in whole or in part for meritorious service to incumbents of positions in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university that, 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.

4. During the period April 1, 1993 through March 31, 1995, the basic annual salaries of incumbents of positions in the non-professional service that, 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, except those positions in the Cornell service and maintenance unit that 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 or merit recognition payments, shall not exceed in the aggregate four percent and five and one-quarter percent respectively of the total basic annual salary rates in effect on March 31 of the preceding fiscal year of the incumbents of positions subject to this subdivision. During the fiscal years commencing April 1, 1991, April 1, 1992, April 1, 1993, and April 1, 1994, 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, at their discretion and with the approval of the state university trustees to the incumbents of such positions. During the fiscal years commencing 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.

5. For the purposes of this section, the basic annual salary of employees is that salary that 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 professional service in addition

to

the basic annual salary, provided, however, that the amounts required for such increase and the cost of fringe 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, with the approval of the director of the budget, for such purposes.

6. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section or

result of promotion, appointment, or advancement to a higher salary grade may be withheld in whole or in part from any officer or employee when,

in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels, or when, in the opinion of the director of the budget, 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.

5 10. Locational compensation for certain state officers and employees. 1. This section shall apply to all state officers and employees except the following: (a)

and employees of the legislature and the judiciary, including officers and employees of boards, bodies

and

commissions that are deemed to be part of the legislature or judiciary for the purpose of section 49 of the state finance law;

(b) officers and employees whose salaries are prescribed by or determined in accordance with section 40, 60, 169, 215 o 216 of the tive law;

(c) incumbents of allocated or unallocated positions in the professional service in the state university and in institutions under

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management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university;

(8) Partiters and employees wadogres in recognized or certified collective negotiating units pursuant to article 14 of the civil service law.

2. Notwithstanding the provisions of section 15 of chapter 333 of the laws of 1969, as amended to the contrary, officers and employees subject to this section whose principal place of employment or, in the case of field employees, whose official station as determined in accordance with the regulations of the comptroller is located (a) in the county of Monroe and who were eligible to receive locational pay on March 31, 1991, shall receive locational pay at the rate of two hundred dollars per year provided they continue to be otherwise eligible or (b) 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 an employee's basic' annual salary, and shall not affect or impair any 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. For the sole purpose of continuing eligibility for locational pay in Monroe

county, an employee previously eligible to receive locational pay on March 31, 1985 who is on an approved leave of absence or participates in ployer program to reduce to part-time service during summer months shall continue to be eligible for said location pay upon return to full-time state service in Monroe county.

§ 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 settlements and awards pursuant to executive order 42, dated October 14, 1970, and title 9, part 560, official compilation of codes, rules and regulations of the state of New York.

§ 12. '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 or 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 such amounts.

§ 13. Effect of participation in special annuity program. No officer or employee participating in a special annuity program pursuant to the provision 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 to which that 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.

§ 14. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase in salary or 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 the effective date of such increase as provided in this act, or 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 determining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or rother 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 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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