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Industrial Exhibit Authority Fund 450

Personal Service

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hawe been in full force and affectech and after-April 1, 1992, provided, ve been this act shall take effect immediately and shall be deemed to

however, that the amendments made by sections five and ten of this act

11991.

REPEAL NOTE. -Paragraph d of subdivision 1 of section 130 of the civil to article 14 of the civil service law and is replaced by revised salary schedules in a new paragraph d. four of this act, provided salary schedules for superintendents of Subdivision 1 of section 19 of the correction law, repealed by section

service law, repealed by section two of this act, provided salary schedules for state employees designated managerial and confidential pursuant

corand

is replaced by revised salary schedules in a EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

rectional facilities new subdivision 1.

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:

Section 1. Subparagraph 2 of paragraph a of subdivision 2 of section 215 of the executive law is repealed and a new subparagraph 2 is added to read as follows: (2) Members in the positions listed below: POSITION

EFFECTIVE

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

Technical Sergeant 43779 43779 45530 47351 47920 Station Commander

44574 44574 46357 48211 48791 Zone Sergeant

45369 45369 47184 49071 49661 First Sergeant and Staff Sergeant

48369 48369 50304 52316 52945 § 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 following schedule, on the effective dates indicated : POSITION

EFFECTIVE

4/1/91 4/1/92 4/1/93 4/1/94 10/1/94 Lieutenant and Technical Lieut. 52726 52726 54835 57028

57714 Captain 56404 56404 58660 61006

61740 Major 60729 60729 63158 65684

66474

§ 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

EFFECTIVE

4/1/91 4/1/92 4/1/93 4/1/94 10/1/94 Lieutenant BCI

54235 54235 56404 58660 59365 Captain BCI 57912 57912 60228 62637

63390 § 4.

Section 5 of chapter 579 of the laws of 1988, amending the exec, utive 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 negoti. ating 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* 4/1/92 4/1/93 4/1/94 10/1/94
Sergeant and
Technical Sergeant

2641
2641
2747
2857

2891 Station Commander

2690
2690
2798
2910

2945 Zone Sergeant

2738
2738
2848
2962

2998
First Sergeant and
Staff Sergeant

2917
2917 3034

3155

3193
Lieutenant and
Technical Lieut.

3195
3195
3323

3456 3497 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

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.

$ 6. Officers and employees to whom the provisions of this section apply who are in full-time employment status 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 başiç 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 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

basic however, that any amounts payable pursuant to this section shall be in

salary, provided, for retirement

purposes. Notwithstanding the have otherwise been eligible to receive such lump sum of this section, officers and employees who would

payment but who nineteen hundred ninety-three and March twenty-fourth, nineteen

January twenty-eighth,

hundred ninety-three as a result of an authorized leave without pay or a termin Tampons due to the abolition or reduction of positions shali receive such ployment status during the period between and including

number of days in full-time emsligibility dates. Tofficers and employees to whom the provisions of this

the applicable section apply who are in full-time employment status on February tenth, ninety-four shall be entitled to a non-recurring lump sum payment. and April sixth, nineteen hundred

Such

to or multiplied by six thousand one hundred thirty-seven a percent, provided, however, that such payment shall be prorated based

hundred ninetyfour between and including the applicable eligibility dates for any such ofduring the period between the applicable eligibility dates. Such payment

cluded as compensation foregoing provisions

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nineteen hundred ninety-four payment shall be in

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shall be made 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.

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. (ç 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 sary carry out the provisions of this section, subject to the terms of the agreement collectively negotiated between the state and the ployee 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 hundred fifty dollars' for that program year and such members whose sick

payment of two leave usage is five days through eight days during the determination perioder shall receive gedump saun payment of one hundred twenty-fives do 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 shali be April 1, 1994 through March 31, 1995. Such lump sum be

in a separate check and shall be made on or about June 1, following the conclusion of the determination period for the program

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

compensation for retirement purposes. Verified 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.

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§ 10. Additional compensation for certain members for unused sick leave credits. Notwithstanding any other provisions of law to the trary, effective April 1, 1991 members of the division of state police above the rank of trooper, except those members serving in positions in 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 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 ployee 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 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

$ 14, Notwithstanding any provision of law to the contrary, members of the collective negotiating unit consisting of commissioned and commissioned 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

retirement purposes.

non

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