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§ 17. Subdivision 1 of section 4406 of the public health law, as added by chapter 938 of the laws of 1976, is amended to read as follows:

1. The contract between a health maintenance organization and an enrollee shall be subject to regulation by the superintendent as if it were

a health insurance subscriber contract. Such contract shall fully and clearly state the benefits and limitations therein provided imposed, so as to facilitate understanding and comparisons, and to exclude provisions which may be misleading or unreasonably confusing. Such contract shall be issued to any individual and dependents of such individual and any group of fifty or fewer employees or meinbers, exclusive of spouses and dependents, or any employee or member of the group, including dependents, applying for such contract at any time throughout the year, and may include a pre-existing condition provision as provided for 'in section forty-three hundred eighteen of the insurance law. Except in instances where subsection (a) of section forty-three hundred eighteen of the insurance law applies, the organization may, as an alternative to the use of a pre-existing condition provision, elect to offer contracts directly to individuals (not enrolled through a group) without a preexisting condition provision but may require that coverage shall not become effective until after a waiting period of not

than sixty days after the application for coverage is submitted.

§ 18. Notwithstanding any other provision of law, and specifically those sections of this act that may be applicable to labor organizations or insurers thereof, nothing contained in this act shall be applicable to organizations, associations or trusts maintained pursuant to one more

collective bargaining agreements, including, but not limited to, any trust which qualifies as a Taft Hartley Trust pursuant to Title 29 of the United States Code.

§ 19. The sum of three million five hundred thousand dollars ($3,500,000), or so much thereof as may be necessary, is hereby appropriated to the state insurance department from any moneys in the miscellaneous special revenue fund to the credit of the state insurance department account not otherwise appropriated for the purpose of implementing the provisions of subsection (d) of section

4308 of the insurance law as added by section twelve of this act.

§ 20. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 21. This act shall take effect immediately; provided, however, that sections three, five, seven, eight, nine, ten and fifteen shall take effect

January 1, 1993 and shall apply to all policies and contracts issued, renewed, modified, altered or amended on or after such date; provided further, that sections two, four, thirteen, fourteen and seventeen shall take effect April 1, 1993, except that (i), these sections shall apply to new policies and contracts' delivered and coverage effectuated in this state on or after such date, (ii) new policies and tracts delivered in this state and new coverage effectuated in this state on or after the date this act is signed into law, but on or before March 31, 1993, shall have initial rating periods which terminate March 31, 1993 so that these sections will apply to such policies, contracts and

coverages as of April 1, 1993, (iii) these sections shall apply.to existing policies and contracts delivered in this state and existing coverage effectuated in this state on or after April 1, 1992 but before the date this act is signed into law at their next renewal rating period, (iv) existing policies and contracts delivered in this state and existing coverage effectuated in this state before April 1, 1992 shall have their next renewal rating, period terminate March 31, 1993 so that these sections will apply to such policies, contracts and coverages as of April 1, 1993, and (v) in the case of multi-year rating periods which began prior to the effective date of this act, such sections shall apply

of the next renewal rating period, but if the next renewal rating period begins prior to April 1, 1993 that rating period shall terminate March 31, 1993 so that these sections will apply to such policies and contracts as of April 1, 1993 instead; and provided further,

that the superintendent of insurance and the commissioner of health may take all actions necessary prior to the effective date of this act for the purposes of timely implementation of this act.

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AN ACT in relation to terms and conditions of employment of certain non-
judicial officers and employees of the unified court system and to
amend chapter three hundred fifty-three of the laws of nineteen hun-
dred eighty-two amending the judiciary law relating to terms and con-
ditions of employment of nonjudicial officers and employees of the
unified court system, relating thereto
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 Con-
stitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The legislature finds that a collective bargaining agreement has been negotiated by the unified court system with an employee organization representing nonjudicial officers and employees in the following negotiating units: state judiciary, third judicial district, fourth judicial district, fifth judicial district, sixth judicial district, seventh judicial district, eighth judicial district, Orange County, Dutchess County, Putnam County, city of Peekskill, city of New Rochelle, city of Mount Vernon, city of Port Jervis, city of Newburgh, city of Middletown, city of Poughkeepsie, city of Beacon, city of Rye, city of Glen Cove and the city of Long Beach. The purpose of this act is to implement this agreement and to provide increases in compensation for nonjudicial officers and employees of the unified court system not in collective negotiating units. References in this act to the unified court system's classification structure shall mean the classification structure established by the chief administrator of the courts on May twenty-eighth, nineteen hundred seventy-nine. References to the April, nineteen hundred ninety salary schedule shall mean the salary schedulé promulgated by the chief administrator pursuant to subdivision (c) of section two of chapter six hundred fifty-eight of the laws of nineteen hundred eighty-eight. References to the April, nineteen hundred ninetythree salary schedule, the April, nineteen hundred ninety-four salary schedule and the October, nineteen hundred ninety-four salary schedule shall mean

the salary schedules promulgated by the chief administrator pursuant to subdivisions (a) through (c) of section two of this act, respectively. References to memorandum of agreement shall mean the memorandum of agreement containing the terms and conditions of the agreement specified herein.

§ 2. Salary schedules. The chief administrator of the courts shall promulgate new salary schedules, as follows:

(a) Effective April first, nineteen hundred ninety-three, a new salary schedule shall be promulgated consisting of eleven rates of compensation for each grade on the April, nineteen hundred ninety salary schedule, to be denominated the hiring rate, first year rate, second year rate, third year rate, fourth year rate, fifth year rate, sixth year rate, seventh year rate, eighth year rate, ninth year (or maximum) rate, and longevity rate. For each grade:

(1) the first year rate and the maximum rate shall equal one hundred and four percent of the hiring rate and the maximum rate for such grade, respectively, on the April, nineteen hundred ninety salary schedule;

(2) the second, third, fourth, fifth, sixth, seventh and eighth year rates of compensation shall equal the maximum rate for such grade minus seven, six,' five, four, three, two and one times the amount of the in

(33) the amount to the increment shall equal one-eighth the difference between the maximum rate and the first year rate for such grade;

new rate of pay shall be established for each salary grade, to be denominated the hiring rate, which shall equal the first year rate of compensation for such grade, as established by paragraph one hereof, less the amount of an increment for such grade; and

(5) the longevity rate shall equal the maximum rate plus the amount of
the increment for such grade.
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(b) Effective April first, nineteen hundred ninety-four, each of the rates of pay established by the April, nineteen hundred ninety-three salary schedule shall be increased by an amount equal to four percent thereof.

(C) Effective October first, nineteen hundred ninety-four, each of the rates of pay established by the April, nineteen hundred ninety-four salary schedule

be increased by an amount equal to one and onequarter percent of the comparable rate of pay the April, nineteen hundred ninety-three salary schedule.

§ 3. Increases in compensation for persons in allocated positions. (a) Each nonjudicial officer and employee of the unified court system,

a position allocated to a salary grade in the unified court system's classification structure that is not in any collective negotiating,

unit established pursuant to article fourteen of the civil service law or that is in any of the following collective negotiating units, shall receive increased compensation in accordance with this section: (i) state judiciary unit, (ii) third judicial district unit, (iii) fourth judicial district unit, (iv) fifth judicial district unit, (v) sixth judicial district unit, (vi) seventh judicial district unit, (vii) eighth judicial district unit, (viii) Orange County unit, (ix) Dutchess County unit, (x) Putnam County unit, (xi) city of Peekskill unit, (xii) city of New Rochelle unit, (xiii) city of Mount Vernon unit, (xiv) city of Port Jervis unit, (xv) city of Newburgh unit, (xvi) city of Middletown unit, (xvii) city of Poughkeepsie unit, (xviii) city of Beacon unit, (xix) city of Rye unit, (xx) city of Glen Cove unit, and (xxi) city of Long Beach unit. Bonuses and increases to basic annual salary, as provided in this section, shall be prorated for any nonjudicial officer employee in a collective negotiating, unit whose position is part-time or compensated on a per diem or hourly basis and who is eligible, under an agreement between the state and an employee organization pursuant to the provisions of article fourteen of the civil service law to accrue annual and sick leave credits: Bonuses shall be in addition to and shall not be a part of an employee's basic annual salary, nor shall they be used for purposes of computation of overtime pay; provided, however, they shall be included as compensation for retirement purposes.

(b) Effective April first, nineteen hundred ninety-one, each such nonjudicial officer and employee who is eligible to receive a full or partial increment of the grade of his or her position in accordance with provisions of the judiciary law shall receive such full or partial increment, to be determined in accordance with the April, nineteen hundred ninety salary schedule.

(c) Effective April first, nineteen hundred ninety-two, each such nonjudicial officer and employee who is eligible to receive a full or

partial increment of the grade of his or her position in accordance with provisions of the judiciary law shall receive such full or

partial increment, to be determined in accordance with the April, nineteen hundred ninety_salary schedule.

(d) Effective April first, nineteen hundred ninety-three:

(1) Each such nonjudicial officer and employee shall be placed in his or her grade on the April, nineteen hundred ninety-three salary schedule at the basic annual salarý he or she is receiving on such date plus four percent thereof. Provided, however, where operation of the provisions of this paragraph would result

in a nonjudicial officer or employee receiving an increase in basic annual salary of less than six hundred dollars, such nonjudicial officer or employee shall be placed in his or her grade on the April, nineteen hundred ninety-three salary schedule at his or her basic annual salary increased by six hundred dollars.

(2) Each such nonjudicial officer employee who is eligible to receive a full or partial increment of the grade of his or her position in accordance with provisions of the judiciary law shall receive such full or partial increment, to be determined in accordance with the April, nineteen hundred ninety-three salary schedule, in addition to any increase in basic annual salary, provided by paragraph one

of this subdivision. For purposes of this paragraph, no non judicial officer or employee who commences service with the unified court system on or after the date on which the memorandum of agreement is signed by all parties thereto shall receive a full or partial increment hereunder unless he or she shall have received a satisfactory or greater performance rating for his or her services during the year immediately preceding pursuant to performance evaluation system set forth in the agreement specified in section one of this act.

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(e) Effective December first, nineteen hundred ninety-three, each such nonjudicial officer or employee who: (i) was in service in his her position

on April first, nineteen hundred ninety-three but was not then eligible either for the full or partial increment authorized by paragraph two of subdivision (d) of this section or for the additional increment authorized by section five of this act, and (ii) receives a basic annual salary equal to or greater than the longevity rate of the grade of his or her position shall receive bonus of five hundred dollars. {i) placed in his

Effective April first, nineteen hundred ninety-four: or her grade on the April, nineteen hundred ninety-four salary schedule in the manner provided as follows:

(1) If his or her basic annual salary under the April, nineteen hundred ninety-three salary schedule is identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, seventh year, maximum or longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased to the corresponding rate of compensation in such grade as established by the April, nineteen hundred ninety-four salary schedule;

(ii) If his or her basic annual salary under the April, nineteen hundred ninety-three salary schedule is less than the longevity rate of compensation of the grade of his or her position and is not identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, seventh year or maximum rate of compensation of such grade, that basic annual salary shall be increased by an amount equal to the difference between the next higher rate of compensation of the salary grade of his or her position as provided on the April, nineteen hundred ninety-three salary schedule and the rate of compensation corresponding to such next higher rate of compensation of such grade as established by the April, nineteen hundred ninety-four salary schedule; or

(iii) If his or her basic annual salary under the April, nineteen hundred ninety-three salary schedule is greater than the longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased to a rate which equals a rate which is the same percentage over the longevity rate of his or her grade, as determined by the April, nineteen hundred ninety-four salary schedule, that basic annual salary is over the longevity rate of his or her grade, as determined by the April, nineteen hundred ninety-three salary schedule. Provided, however, where operation of provisions of this paragraph would result in a nonjudicial officer or employee receiving an in

in basic annual salary of less than six hundred fifty dollars, such non judicial officer or employee shall be placed in his or her grade on the April, nineteen hundred ninety-four salary schedule at his or her basic annual salary increased by six hundred fifty dollars.

(2) Each such nonjudicial officer or employee who is eligible to receive a full or partial increment of the grade of his or her position in accordance with provisions of the judiciary law shall receive such full or partial increment, to be determined in accordance with the April, nineteen hundred ninety-four salary schedule, in addition to any increase in basic annual salary provided by paragraph one of this subdivision. For purposes of this subdivision, no nonjudicial officer or employee shall receive a full or partial increment hereunder unless he or she shall have received a satisfactory or greater performance rating for his or her services during the year immediately preceding pursuant

a performance evaluation system set forth in the agreement specified in section one of this act.

(8) Effective October first, nineteen hundred ninety-four, each such
non judicial officer and employee shall be placed in his grade the
October, nineteen hundred
provided as follows:

ninety-four salary schedule in the manner (i) If his or her basic annual salary under the April, nineteen hundred ninety-four salary schedule is identical with the ’hiring, first

third year,

fourth year, fifth year, sixth year, seventh year, maximum or longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased to the corresponding rate of compensation in such grade as established by the April, nineteen hundred ninety-four salary schedule; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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(ii). If his or her basic annual salary under the April, nineteen hundred ninety-four salary schedule is less than the longevity rate of compensation of the grade of his or her position and is not identical with the minimum, first year, second year, third year, fourth year, fifth year, sixth year, seventh year or maximum rate of compensation of such grade, that basic annual salary shall be increased by an amount equal to the difference between the next higher rate of compensation of the salary grade of his or her position as provided on the April, nineteen hundred ninety-four salary schedule and the rate of compensation corresponding to such next higher rate of compensation of such grade as established by the October, nineteen hundred ninety-four salary schedule; or

(iii) If his or her basic annual salary under the April, nineteen hundred ninety-four salary schedule is greater than the longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased to a rate which equals a rate which is the same percentage over the longevity rate of his or her grade, as determined by the October, nineteen hundred ninety-four salary schedule, that basic annual salary is over the longevity rate of his or her grade, as determined by the April, nineteen hundred ninety-four salary schedule.

(h) Effective December first, nineteen hundred ninety-four, each such non judicial officer or employee who: (i) was in service in his her position on April first, nineteen hundred ninety-four but was not then eligible either for the full or partial increment authorized by paragraph two of subdivision (f) of this section or for the additional increment authorized by section five of this

and (ii) receives basic annual salary equal to or greater than the longevity rate of the grade of his or her position shall receive a bonus of five hundred dollars.

(i) Effective April first, nineteen hundred ninety-five, each such nonjudicial officer or employee who is eligible to receive a full or partial increment of the grade of his or her position in accordance with provisions of the judiciary law shall receive such full or

partial increment, to be determined in accordance with the April, nineteen hundred ninety-four salary schedule. For purposes of this subdivision, no judicial office or employee shall receive a full or partial' increment hereunder unless he or she shall have received a satisfactory or greater performance rating for his or her services during the year immediately preceding pursuant to a performance evaluation system set forth in the agreement specified in section one of this act.

§ 4. Increases in compensation for persons in unallocated positions.

(a) Each nonjudicial officer or employee of the unified court system to whom the provisions of section three of this act would apply but for the fact that he she holds a position that is not allocated to a salary grade in the unified court system's classification structure shall receive increased compensation in accordance with this section. Increases to basic annual salary, as provided in this section, shall be prorated for any non judicial officer or employee in a collective negotiating unit whose position is part-time, or compensated on a per diem hourly basis and who is eligible under an agreement between the state and an employee organization pursuant to the provisions of article fourteen of the civil service law to accrue annual and sick leave credits.

(b) Effective April first, nineteen hundred ninety-three, the basic annual salary of each such non judicial officer and employee shall be increased by an amount equal to four percent thereof.

(C) Effective April first, nineteen hundred ninety-four, the basic annual salary of each such nonjudicial officer and employee shall be increased by an amount equal to four percent thereof.

(d). Effective October first, nineteen hundred ninety-four, the basic annual salary of each such nonjudicial officer and employee on such date shall be increased by an amount equal to one and one-quarter percent of an amount which, when' increased by four percent thereof,

equals such basic annual salary.

§ 5. (a) This section shall apply only to non judicial officers and employees to whom the provisions of section three of this act apply ("affected employees"), and such affected employees will not be eligible for the additional increment authorized by subdivision three of

section thirty-seven of the judiciary law.

(b) (1) Notwithstanding any inconsistent provision of law, when an af fected employee has reached, on or after April first, nineteen hundred ninety-three, à salary equal to or in excess of the maximum salary of

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