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ployee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the negotiating unit covered by the controlling provisions of such agreement providing for such employee benefit fund, such amount to be determined consistent with the procedure established in said agreement but, on the basis of the number of employees as defined herein on the payroll during the payroll period the last day of which ends no later than twenty-one calendar days before the beginning of the quarter next following such day determined by the comptroller and the state university of New York unless there is an agreement entered into pursuant to such article fourteen between the state and such employee organization for the determination during a different payroll period of the number of employees in positions which are on an appointment cycle which does not place them on payroll at the time that such number of employees would otherwise be determined. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative fund funds of the state, 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 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 monies pursuant to this section.

§ 3. This act shall take effect immediately.

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CHAPTER 302
(See REPEAL NOTE at end of Chapter.)

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AN ACT to amend the civil service law, the state finance law and the

retirement and social security law, in relation to compensation, bene-
fits and other terms and conditions of employment of certain state of-
ficers and employees; to authorize funding of joint labor-management
committees; to implement agreements between the state and an employee
organization; to amend chapter two hundred twenty of the laws of
nineteen hundred eighty-two relating to amending the civil service law
and the state finance law relating to compensation, benefits and other
terms and conditions of employment, in relation to the effectiveness
of such chapter; to repeal certain provisions of the civil service law
relating thereto; and making an appropriation for the purpose of ef-
fectuating certain of the provisions hereof
Became a law July 11, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Paragraph а of subdivision one of section one hundred thirty of the civil service law is repealed and a new paragraph a is added to read as follows:

Effective on the dates indicated, salary grades for positions in the competitive, non-competitive and labor classes of the classified service of the state of New York in the collective negotiating units designated as the administrative services unit, the institutional vices unit and the operational services unit established pursuant to article fourteen of this chapter shall be as follows:

(1) Effective on June sixth, nineteen hundred eighty-five for em-
ployees on the institutional payroll and June thirteenth, nineteen hun-
dred eighty-five for employee's on the administrative payroil:
Hiring

Job Increment
Rate Step 1 Step 2 Step 3 Step 4 Rate Amount
$ 9880 $10374 $10860 $11346 $11832 $12318
10278 10792 11301 11810 12319 12828 509
10807 11348 11880 12412 12944 13476 532
11306 11872 12435 12998 13561 14124 563
11866 12460 13051 13642 14233 14824

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$ 486

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(2) Effective April first, nineteen hundred eighty-six:

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Hiring

Rate
$10432
10849
11411
11931
12522
13247
14003
14819
15670
16593
17581
18615
19745
20913
22152
23418
24762
26218
27649
29118
30704
32375
34129
36011
38026

Step 1
$10945
11386
11973
12525
13146
13894
14683
15524
16408
17367
18394
19457
20624
21831
23105
24417
25817
27321
28805
30321
31962
33692
35503
37432
39512

Step 2 $11458 11923 12535 13119 13770 14541 15363 16229 17146 18141 19207 20299 21503 22749 24058 25416 26872 28424 29961 31524 33220 35009 36877 38853 40998

Step 3
$11971
12460
13097
13713
14394
15188
16043
16934
17884
18915
20020
21141
22382
23667
25011
26415
27927
29527
31117
32727
34478
36326
38251
40274
42484

Step 4
$12484
12997
136 59
14307
15018
15835
16723
17639
18622
19689
20833
21983
23261
24585
25964
27414
28982
30630
32273
33930
35736
37643
39625
41695
43970

Job
Rate
$12997
13534
14221
14901
15642
16482
17403
18344
19360
20463
21646
22825
24140
25503
26917
28413
30037
31733
33429
35133
36994
38960
40999
43116
45456

Increment
Amount
$ 513

537 562 594 624 647 680 705 738 774 813 842 879 918 953 999 1055 1103 1156 1203 1258 1317 1374 1421 1486

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(3) Effective April first, nineteen hundred eighty-seven:

Incre-
Hiring

Job ment

Long

Long SG Rate Step 1 Step 2 Step 3 Step 4 Rate Amount Step 1 Step 2 1 $11058 $11602 $12146 $12690 $13234 $13778 $ 544 $14528 $15278 2 11500 12070 12640 13210 13780 14350 570 15100 15850 3 12096 12691 13286 13881 14476 15071 595 15821 16571 4 12647 13276 13905 14534 15163 15792 629 16542 17292 5 13274 13935 14596 15257 15918 16579 661 17329 18079 6 14042 14728 15414 16100 16786 17472 686 18222 18972 7 14844 15565 16286 17007 17728 18449 721 19199 19949 8 15709 16456 17203 17950 18697 19444 747 20194 20944 9 16611 17393 18175 18957 19739 20521 782 21271 22021 10 17589 18410 19231 20052 20873 21694 821 22444 23194 11 18636 19498 20360 21222 22084 22946 862 23696 24446 12 19732 20624 21516 22408 23300 24192 892 24942 25692 13 20930 21861 22792 23723 24654 25585 931 26335 27085

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

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27033 973 27783
28532 1010 29282
30119 1059 30869
31838 1118 32588
33637 1169 34387
35438 1226 36188
37241 1275 37991
39217 1334 39967
41298 1396 42048
43457 1456 44207
45707 1507 46457
48183 1575 48933

28533 30032 31619 33338 35137 36938 38741 40717 42798 44957 47207 49683

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S 2. Subdivision three of section one hundred thirty of such law is amended by adding a new paragraph (e) to read as follows:

(e) Notwithstanding any inconsistent provision of law, officers and employees to whom paragraph a of subdivision one of this section apply who, on or after April first, nineteen hundred eighty-seven, on their anniversary date have five more years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, but below the first longevity step and whose performance for the most recent rating period was rated at least "satisfactory" or its equivalent, shall have their basic annual salary increased to the first longevity' step or shall have their basic annual salary

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otherwise effective increased by seven hundred fifty dollars or as much of that amount as will not result in the new basic annual salary exceeding the step two longevity step. Notwithstanding any inconsistent provision of law, officers and employees to whom paragraph & of subdivision one of this section apply who,

after April first, nineteen hundred eighty-seven, on their anniversary date haye ten or more years of continuous service defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, but below the second longevity step and whose performance for the most recent rating period was rated at least "satisfactory" its equivalent, shall have their basic annual salary increased to the second longevity, step. Such increases to longevity steps by eligible officers or employees shall become effective on the first day of the payroll period which next begins following the anniversary date which satisfies the prescribed service requirements.

§ 3. Section one hundred thirty of such law is amended by adding a new subdivision nine to read as follows:

9. Performance based payments and increases for certain state officers and employees in collective negotiating units. (a) The provisions of this subdivision shall apply to full-time officers and employees in the collective negotiating units designated as the administrative services unit, the institutional services unit and the operational services unit established pursuant to article fourteen of this chapter.

(b) Officers and employees to whom the provisions of this subdivision apply who, on March thirty-first, nineteen hundred eighty-five, have five or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade,, whose performance during the period from April first, nineteen hundred eighty-four to March "thirty-first, nineteen hundred eighty-five was rated at least "satisfactory" or its equivalent and who are in

employment status on the date of payment shall be entitled to a lump sum payment in accordance with the terms of agreements between the state and employee organizations reached

pursuant

to article fourteen of this chapter. Such lump sum payment shall be non-recurring and shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amount payable pursuant to this paragraph shall be included as compensation for retirement purposes. The amount of this payment shall be seven hundred fifty dollars for full-time emo ployees and a pro-rata share for part-time employees; such full-time or part-time entitlement shall be based on the employee's full-time or part-time status March thirty-first, nineteen hundred eighty-five. Such lump sum payment shall be made on or before December twenty-fourth, nineteen hundred eighty-five. Notwithstand ing the foregoing, provisions of this paragraph, officers and employees who otherwise would have been eligible to receive such lump sum payment who are appointed or promoted to another position, die or retire after the March thirty-first' eligi

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bility date and before the date of payment shall receive such lump sum payment. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise eligible who, after the March thirtyfirst eligibility date, are on authorized leave of absence without

pay on the date of payment shall receive such lump sum payment if they return to active payroll status within one year of the payment date. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise eligible who resign after the March' thirty-first eligibility date shall receive such payment provided they are reinstated before the payment date. Notwithstanding the foregoing provisions of this, paragraph, officers, and employees otherwise eligible who, on the March thirty-first eligibility date, are on authorized leave of absence without pay shall be eligible for such payment with the amount of such payment to be based on the employee's full-time or part-time status imnediately prior to such leave. Notwithstanding the foregoing provisions of thiş paragraph, officers and employees otherwise eligible to

receive such lump sum payment who, on the March thirty-first, nineteen hundred eighty-five eligibility date, are serving in higher graded position (1)

á temporary basis or on a probationary or a permanent basis and subsequently fail the probationary, period or accept & voluntary demotion during the probationary period or are demoted as a result of the abolition of positions and (ii) return to a position in their former salary grade within one year of such eligibility date and (iii) remain in their former salary grade for at least six payroll periods shall be eligible for such lump sum payment, except that officers and employees who return to their former salary grade as a result of a disciplinary action or who accept a voluntary demotion after successful complet ion of the probationary period shall not be eligible for such lump sum payment.

(c) Officers and employees to whom the provisions of this subdivision apply who, on March thirty-first, nineteen hundred eighty-six, have five

more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary, grade, whose performance during the period April first, nineteen hundred eighty-five to March thirty-first, nineteen hundred eighty-six was rated at least "satisfactory" or its equivalent and who are on the payroll on the date of payment shall be entitled to have their basic annual salary as otherwise effective on April first, nineteen hundred eighty-six increased by seven hundred fifty dollars or as much of that amount as will not result in the new basic annual salary exceeding the job rate effective April first, nineteen hundred eighty-six plus one thousand five hundred dollars.

(d) Officers and employees to whom the provisions of this subdivision apply who, on March thirty-first, nineteen hundred eighty-six, have five

more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of one thousand five hundred dollars above the job rate or maximum salary of their salary grade, effective April first, nineteen hundred eighty-six, whose performance during the period April first, nineteen hundred eighty-five to March thirty-first, nineteen hundred eighty-six was rated at least "satisfactory" or its equivalent and who are in employment status on the date of payment shall be entitled to a lump sum payment in accordance with the terms of agreements between the state and employee organizations reached pursuant to article fourteen of this chapter. Such ľump sum payment shall be non-recurring, and shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amount payable pursuant to this paragraph shall be included as compensation for retirement purposes. The amount

of

this payment shall be five hundred dollars for full-time employees and a pro rata share for part-time employees; such full-time part-time entitlement shall be based on the employee's full-time or part-time status on March thirty-first, nineteen 'hundred eighty-six. Such lump, sum payment shall be made on or before December twenty-fourth, nineteen hundred eighty-six. Notwithstanding, the foregoing provisions of this paragraph, officers and employees who otherwise would have been eligible to receive such lump sum payment who are appointed or, promoted to another position, die or retire after the March' thirty-first eligibility date and before the date of payment shall receive such lump payment. Notwithstanding the foregoing provisions of this paragraph, ofEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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ficers and employees otherwise eligible who, after the March thirtyfirst eligibility date, are on authorized leave of absence without pay on the date of payment shall receive such lump payment if they return to active employment status within

year of the date of payment. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise eligible who

who resign after the March thirty-first eligibility date shall receive such payment provided they are reinstated before the payment date. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise eligible who, on the March thirty-first eligibility date are on authorized Yeave of absence without pay shall be eligible for such payment with the amount of such payment to be based on the employee's full-time or parttime status immediately prior to such leave. Notwithstanding the foregoing provisions of this paragraph, officers and employees otherwise elisible to receive such lump sum payment who, on the March thirty-first, nineteen hundred eighty-six eligibility date, are serving in a higher graded position (1) on a temporary basis or on a probationary or a permanent basis and subsequently fail the probationary period or accept a voluntary demotion during the probationary period or are demoted as result of the abolition of positions and (ii) return to a position in their former salary grade within one year of such eligibility date and (iii), remain in their former salary grade for at least six payroll periods shall be eligible for such lump sum payment, except that officers and employees who return to their former salary grade as a result of a disciplinary action or who accept a voluntary demotion after successful completion of the probationary period shall not be eligible for such lump sum payment.

(e) Officers and employees to whom the provisions of this subdivision apply who were serving at an annual salary rate equal to or in excess of the job rate or maximum salary of the salary grade of their position as of July first, nineteen hundred seventy-nine, and who were in full employment status

full-time basis for the period April first, nineteen hundred seventy-nine through June thirtieth, nineteen hundred seventy-nine, shall be considered to have been paid at the annual salary rate equal to or above the job rate for their srade for that period in determining fulfillment of the service requirements specified in paragraphs (b), (c) and (d) of this subdivision. The provisions of this paragraph apply solely for the purpose of implementation of the provisions of paragraphs (b), (c) and (d) of this subdivision.

(f) officers and employees to whom the provisions of this subdivision apply who were serving at an annual salary rate equal to or in excess of the job rate or maximum salary of the salary grade of their position and who were appointed or promoted to a position of equivalent or higher salary grade at an annual salary rate equal to or in excess of the job rate or maximum annual salary shall be entitled to have such service in each such position considered as eligible service in determining fulfillment of the service requirements specified in paragraphs (b), (c) and of this subdivision. the contrary, officers and employees to whom the provisions of this subdivision apply, who were serving at an annual salary rate equal to or in excess of the job rate or maximum salary of the salary grade of their position and whose annual salary rate was subsequently less than the job rate or maximum salary of their position as a result of the mechanics of salary computation ироп reallocation shall, solely for the purpose of paragraphs (b), (c) and (d) of this subdivision, be entitled to have service at such lower salary rate deemed to be service at the job rate and considered as eligible service in determining fulfillment of the service requirements specified such paragraphs (b), (c) and (d) provided the actual annual salary rate of such officers or employees is equal to in excess of the job rate on March thirty-first, nineteen hundred eighty-five and/or March thirty-first, nineteen hundred eighty

and/or March thirty-first, nineteen 'hundred eighty-seven, as appropriate.

Th) The payments and increases in salary payable pursuant to this subdivision shall apply on a prorated basis to officers and employees, otherwise eligible to receive such payments and increases in salary puro suant to this subdivision, 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 in accordance with the terms of agreements between the state and employee organizations reached pursuant to article fourteen of this chapter, except that the provisions

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