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§ 2. Paragraph_b of subdivision two of section two hundred fifteen of such law is repealed and a new paragraph b is added to read as follows: b. Each member in the position of lieutenant, technical lieutenant, captain or major shall receive an annual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:

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§ 3. Paragraph b of subdivision two of section two hundred sixteen of such law is repealed and a new paragraph b is added to read as follows: b. Each member assigned to the bureau of criminal investigation and investigative specialists appointed to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 Lieutenant

Captain

April 1, 1985
$41,300
44,101

EFFECTIVE April 1, 1986 $43,365 46,307

April 1, 1987 $45,534 48,623

§ 4. Section fifty-eight of chapter three hundred seven of the laws of nineteen hundred seventy-nine, amending the civil service law and the executive law relating to the compensation, benefits and other terms and conditions of employment of certain state officers, is repealed.

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§ 5. Section five of chapter four hundred sixty-one of the laws of nineteen hundred eighty-two, amending the executive law relating to compensation, benefits and other terms and conditions of employment of certain state officers, is repealed.

§ 6. Additional compensation for certain employees for overtime work. Notwithstanding any provision of law to the contrary, during the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen 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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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

of an agreement negotiated between the state and an employee organization pursuant to article fourteen 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. § 7. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, 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, including sick leave usage, for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police established pursuant to article fourteen 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. Notwithstanding any provision of law to the contrary, effective April first, nineteen hundred eighty-five, 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 six dollars for each tour of duty commencing between nine p.m. and one a. m. (A line) actually worked, and three dollars and fifty cents for each tour of duty commencing between one p. m. and five p.m. (C line) actually worked. Such additional shift compensation shall be included as compensation for the purposes of computation of overtime pay and 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 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 fourteen of the civil service law.

§ 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 fourteen of the civil service law, a productivity gain program shall be established and remain in effect for such unit members during the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight 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 detmination* 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 first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-six, for the second year of the program the determination period shall be April first, nineteen hundred eighty-six through March thirty-first, nineteen hundred eightyseven, and for the third year of the program the determination period shall be April first, nineteen hundred eighty-seven through March thirty-first, nineteen hundred eighty-eight. 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 part of the member's annual basic salary, and shall not affect or impair any rights ΟΙ 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 *So in original. (Word misspelled.)

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

duty and absences due to approved leave for death in the immediate family shall not be considered leave used for the purposes of this section.

§ 10. Additional compensation for certain members for unused sick leave credits. Notwithstanding any other provisions of law to the contrary, effective April first, nineteen hundred eighty-five, 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 two hundred sixty 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 sum payment shall be included as compensation for retirement purposes. § 11. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, 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 fourteen of the civil service Recommendations of the committee shall be made to the director of employee 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 a part of, a member's annual basic salary and shall not be regarded as salary or compensation for the purpose determining the right to any increase of salary or compensation; provided, however, that such amount shall be included as compensation for retirement purposes.

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§ 12. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, 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 fourteen 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.

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§ 13. Notwithstanding any other provision of law to the contrary, effective April first, nineteen hundred eighty-five and through March thirty-first, nineteen hundred eighty-eight, in recognition that members of the collective negotiating unit consisting of commissioned and commissioned officers of the division of state police established pursuant to article fourteen 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 retirement purposes.

§ 14. Notwithstanding any provision of law to the contrary, members of the collective negotiating unit consisting of commissioned and noncommissioned officers of the division of state police established pursuant to article fourteen of the civil service law shall on and after April first, nineteen hundred eighty-five be ineligible for additional compensation pursuant to subdivision six-b of section one hundred thirty-four of the civil service law for such time that such member is directed to remain and remains available for recall.

§ 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 fourteen 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 thirty-first, nineteen hundred eightyfive, shall receive locational pay at the rate of two hundred dollars per year effective April first, nineteen hundred eighty-five provided they continue to be otherwise eligible except that such members who were not on the payroll on such March thirty-first but who were on the payroll at any time during the period April first, nineteen hundred eighty-five through the day when annual basic salaries are first paid pursuant to this act, who received locational pay shall be deemed to have been eligible for such locational pay received and shall cease to be eligible for locational pay no later than the day when basic annual salaries are first paid pursuant to this act 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 two hundred three dollars effective April first, nineteen hundred eighty-five, four hundred six dollars effective April first, nineteen hundred eighty-six and six hundred two dollars effective April first, nineteen hundred eighty-seven. 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 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 and for retirement purposes. § 16. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, 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 officers and non-commissioned officers in the division of state police established pursuant to article fourteen of the civil service law and within the appropriations available therefor.

or

§ 17. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, there shall be a compensation review committee established and administered pursuant to the terms of the collective negotiating agreement applicable to the collective negotiating unit consisting of commissioned and noncommissioned officers of the division of state police established pursuant to article fourteen of the civil service law. Such committee shall consist of three members appointed by the superintendent of the division of state police and three members appointed by the president of the employee organization representing such members of the division of state police pursuant to article fourteen of the civil service law and shall review perceived salary disparities, including but not limited to retention problems and salary disparities by rank based on comparison within the division of state police and shall make recommendations to the director of employee relations concerning correction of demonstrated disparities. Notwithstanding any provisions of this act or of any other law to the contrary, the salaries and rates of compensation of members in the collective negotiating unit consisting of commissioned and noncommissioned officers in the division of state police may be increased, enhanced, or remain the same as a result of such recommendations approved by the director of employee relations and pursuant to plans promulgated by the director of the budget; such plans may also include new salary schedules which shall supersede the salary schedules applicable to such members then in effect. The governor's executive budget submitted to the legislature for fiscal year nineteen hundred eightysix-eighty-seven and fiscal year nineteen hundred eighty-seven-eightyeight shall include a statement setting forth the salaries and rates of compensation which may be increased, decreased, enhanced or remain the same as a result of recommendations approved by the director of employee relations and pursuant to plans promulgated by the director of the budget, as authorized in this section. Budget bills submitted to the legislature making appropriations for the support of state government for fiscal year nineteen hundred eighty-six-eighty-seven and fiscal year nineteen hundred eighty-seven-eighty-eight shall set forth as a separate item of appropriation, with a sub-schedule by each agency, all appropriEXPLANATION-Matter in italics is new; matter in brackets [] is old law

ations proposed to be made for the aforementioned fiscal years which are authorized pursuant to this section.

§ 18. Notwithstanding any provision of law to the contrary, members of the collective negotiating unit consisting of commissioned and noncommissioned officers of the division of state police established pursuant to article fourteen of the civil service law who obtain a recognized degree from an accredited and recognized college or university during the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight 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 purpose as of March thirty-first 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 hereinabove, subject to the provisions of a collective negotiating agreement between the state and the employee organization representing such unit.

$ 19. 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 fifteen of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit consisting of commissioned and noncommissioned officers of the division of state police established pursuant to article fourteen of the civil service law.

§ 20. During the period April first, nineteen hundred eighty-five through March thirty-first, nineteen hundred eighty-eight, there shall be a committee on health benefits established and administered pursuant to the terms of a collective negotiating agreement between the state and the employee organization representing members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police pursuant to article fourteen of the civil service law and within the appropriations available therefor.

§ 21. 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 fourteen 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 a collective agreement which provides for such increases and modifications and which is fully executed in writing with the state pursuant to article fourteen of the civil service law.

§ 22. Use of appropriation. The comptroller is authorized to pay any amounts required during the fiscal year commencing April first, nineteen hundred eighty-five 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 agencies, from any appropriations available, the amounts necessary to pay such amounts.

§ 23. 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 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 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. Payment of such salary increase may be deferred pursuant to section twenty-four of this act.

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