rate of two hundred dollars per year effective April 1, 1991 provided they continue to be otherwise eligible or (2) 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 and one dollars effective April 1, 1991, seven hundred twenty nine dollars effective April 1, 1993, seven hundred and 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 included as compensation for purposes of computation of overtime and for retirement purposes.

§ 16. 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 terms of the collective negotiating agreement between the state and the employee organization representing employees in 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 and within the appropriations available therefor.

§ 17. Notwithstanding any provision of law to the contrary, 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 who obtain a recognized degree from an accredited and recognized college or university during the period April 1, 1991 through March 31, 1995 shall receive a lump sum payment of two hundred dollars for such an associate degree, five hundred dollars for such a bachelor's degree, master's or doctoral degree; provided, however, that such payments shall be made from the unexpended and unencumbered funds of the professional development program available for such purposes as of March 31 of the fiscal year during which such degree is obtained. In the event that such funds are insufficient, proportionate payments shall be made, in lieu of the payments specified herein above, subject to the provisions of a collective negotiating agreement between the state and the employee organization representing such unit.

$ 18. Notwithstanding any provision of law to the contrary, the appropriations contained in this act shall be available to the state for the payment and publication of grievance and arbitration settlements and awards pursuant to article 15 of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article 14 of the civil service law. And which has been ratified pursuant to the ratification of the employee organization certified pursuant to article 14 of the law to represent such collective negotiating unit.

$ 19. During the period April 1, 1991 through March 31, 1995, there shall be a committee on health benefits established and administered pursuant to the terms of the collective negotiating agreement covering commissioned and non-commissioned officers of the division of state police established pursuant to article 14 of the civil service law and within the appropriations available therefor.

§ 20. The salary increases and benefit modifications provided for by this act for members of collective negotiating units in the division of state police established pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations shall have delivered to the director of the budget and the comptroller a certificate that there is in effect with respect to such negotiating unit collective 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 which has been ratified 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.

§ 21. Use of appropriation. 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 appropriations 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 agen

cies, from any such amounts.

appropriations available, the amounts necessary to pay

§ 22. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase of 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 one 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 one days of which are nearest but equally near to the effective date of such increase as 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 other 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 on such effective date, shall not operate to confer any additional salary rights or benefits on such officer or employee.

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.

§ 24. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1991.

REPEAL NOTE. -Subparagraph 2 of paragraph a of subdivision 2 of section 215 of the executive law, repealed by section one of this act, provided salary schedules for state employees in the position of non-commissioned officers in the division of state police and is replaced by salary schedules in new subparagraph 2.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

Paragraph b of subdivision 2 of section 215 of the executive law repealed by section two of this act provided salary schedules for state employees in the positions of Lieutenant, Technical Lieutenant, Captain and Major and is replaced by salary schedules in new paragraph b. Paragraph b of subdivision 2 of section 216 of the executive law repealed by section three of this act, provided salary schedules for state employees in the position of Lieutenant and Captain who are assigned to the Bureau of Criminal Investigation and is replaced by salary schedules in new paragraph b.

Section 5 of chapter 579 of the laws of 1988, repealed by section four of this act provided additional compensation for certain employees for overtime work and is replaced by section five of this act.

CHAPTER 499

AN ACT in relation to providing for the adjustment of salaries of certain incumbents in the professional service in the state university; to implement agreements between the state and an employee organization; and to amend the public officers law, in relation to indemnification of certain physicians and making an appropriation therefor

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. Adjustment to salaries of certain incumbents in positions in the professional service in the state university. (1) The basic annual salaries as of June 30, 1993, of incumbents of positions in the professional service in the state university 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, other than positions described in subdivision fifteen of this section, shall be increased by four percent, adjusted to the nearest whole dollar amount, commencing the payroll subsequent to (a) July 1, 1993, for employees having a calendar year or college year professional obligation, or (b) September 1, 1993, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibility for salary increases shall be granted said salary increase on the payroll subsequent to July 1, 1993.

(2) Notwithstanding the provisions of subdivision one of this section, an employee in service on April 30, 1993, whose employment expired prior to June 30, 1993, who would have been eligible for the salary increase provided for in subdivision one of this section if the employee's employment had continued through June 30, 1993, shall be eligible for the salary increase provided for in subdivision one of this section if the employee is reemployed in an equivalent position at the start of the academic year commencing on or after July 1, 1993.

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(3) Notwithstanding the provisions of subdivision one of this section, an employee in service during a portion of the twelve-month period mencing on July 1, 1992, for at least one semester or equivalent, but whose employment expired prior to June 30, 1993, shall be eligible for the salary increase provided for in subdivision one of this section if the employee is reemployed in an equivalent position for at least one semester or equivalent of the twelve-month period commencing on July 1, (4) The basic annual salaries as of June 30, 1994, of incumbents of positions in the professional service in the state university in the collective negotiating unit designated as the professional services

1993.

negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, other than positions described in subdivision fifteen of this section, shall be increased by four percent, adjusted to the nearest whole dollar amount, commencing the payroll subsequent to (a) July 1, 1994, for employees having a calendar year or college year professional obligation, or (b) September 1, 1994, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibility for salary increases shall be granted said salary increase on the payroll subsequent to July 1, 1994.

(5) There shall be available an amount equal to seven-tenths of one percent of the total of the basic annual salaries on June 30, 1993, and three-tenths of one percent of the total of the basic annual salaries on June 30, 1992, of incumbents entitled to a salary increase pursuant to subdivision four of this section, for distribution to such incumbents by the state university trustees in their discretion. Such distribution shall occur not later than December 31, 1994, and shall be retroactive to July 1, 1994, or September 1, 1994, as appropriate to professional obligation or date of eligibility for salary increases. (6) Notwithstanding the provisions of subdivision four of this section, an employee in service on April 30, 1994, whose employment expired prior to June 30, 1994, who would have been eligible for the salary increase provided for in subdivision four of this section if the employee's employment had continued through June 30, 1994, shall be eligible for the salary increase provided for in subdivision four of this section if the employee is reemployed in an equivalent position at the start of the academic year commencing on or after July 1, 1994.

(7) Notwithstanding the provisions of subdivision four of this section, an employee in service during a portion of the twelve-month period commencing on July 1, 1993, for at least one semester or equivalent, but whose employment expired prior to June 30, 1994, shall be eligible for the salary increase provided for in subdivision four of this section if the employee is reemployed in an equivalent position for at least one semester or equivalent of the twelve-month period commencing on July 1, 1994.

(8) The basic annual salaries as of June 30, 1994, of incumbents of positions in the professional service in the state university 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, other than positions described in subdivision fifteen of this section, shall be increased by 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, adjusted to the nearest whole dollar amount, commencing the payroll period subsequent to (a) January 1, 1995, for employees having a calendar year or college year professional obligation; or (b) March 1, 1995, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibility for salary increases shall be granted said salary increase on the payroll subsequent to January 1, 1995.

(9) There shall be available an amount equal to seven-tenths of one percent of the total of the basic annual salaries on June 30, 1994, and three-tenths of one percent of the total of the basic annual salaries on June 30, 1992, of incumbents entitled to a salary increase pursuant to subdivision four of this section, for distribution to such incumbents by the state university trustees in their discretion. Such distribution shall occur not later than December 31, 1995, and shall be retroactive to July 1, 1995, or September 1, 1995, as appropriate to professional obligation or date of eligibility for salary increases.

(10) Notwithstanding the provisions of subdivision eight of this section, an employee in service on April 30, 1995, whose employment expired prior to June 30, 1995, who would have been eligible for the salary inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

crease provided for in subdivision eight of this section if the employee's employment had continued through June 30, 1995, shall be eligible for the salary increase provided for in subdivision eight of this section if the employee is reemployed in an equivalent position at the start of the academic year commencing on or after July 1, 1995.

(11) Notwithstanding the provisions of subdivision eight of this section, an employee in service during a portion of the twelve-month period commencing on July 1, 1994, for at least one semester or equivalent, but whose employment expires prior to June 30, 1995, shall be eligible for the salary increase provided for in subdivision eight of this section if the employee is reemployed in an equivalent position for at least one semester or equivalent of the twelve-month period commencing on July 1, 1995.

(12) (a) Academic and professional employees as defined by 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 who are full-time employees, and who are on the payroll as of December 31, 1991, and whose work station is in the county of New York, Queens, Kings, Bronx, Richmond, Nassau, Suffolk, Westchester or Rockland shall be titled to a non-recurring lump sum payment of three hundred dollars. Such payment shall be made on or before January 31, 1992. Such payment shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amount payable pursuant to this subdivision shall be included as compensation for retirement purposes.

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and

(b) Academic and professional employees as defined by 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 who are fulltime employees, and who are on the payroll as of December 31, 1992, whose work station is in the county of New York, Queens, Kings, Bronx, Richmond, Nassau, Suffolk, Westchester or Rockland shall be entitled to a non-recurring lump sum payment of four hundred dollars. Such payment shall be made on or before January 31, 1993. Such payment shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amount payable pursuant to this subdivision shall be included as compensation for retirement purposes. (c) Academic and professional employees as defined by 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 who are on the payroll as of December 31, 1993, and whose work station is in the county of New York, Queens, Kings, Bronx, Richmond, Nassau, Suffolk, Westchester or Rockland shall be entitled to a non-recurring lump sum payment of four hundred dollars. Such payment shall be made on or before January 31, 1994. Such payment shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amount payable pursuant to this subdivision shall be included as compensation for retirement purposes.

(d) Academic and professional employees as defined by 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 who are on the payroll as of December 31, 1994, and whose work station is in the county of New York, Queens, Kings, Bronx, Richmond, Nassau, Suffolk, Westchester or Rockland shall be entitled to a non-recurring lump sum payment of four hundred dollars. Such payment shall be made on or before January 31, 1995. Such payment shall be in addition to and not part of such employee's basic annual salary; provided, however, that any amount payable pursuant to this subdivision shall be included as compensation for retirement purposes.

(13) Minimum basic annual salary. (a) This subdivision shall apply to 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.

(b) Notwithstanding the provisions of paragraph (a) of this subdivision, this subdivision shall not apply to employees who are not paid on the basis of a basic annual salary. A part-time employee who is paid on