§ 24. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or of any other law, and pending payment pursuant to this act of the annual basic salaries of incumbents of positions subject to this act, such incumbents shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An incumbent holding a position subject to this act at any time during the period from April first, nineteen hundred eighty-five, until the time when basic annual salaries are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary to which such incumbent is entitled for such service and the compensation actually received therefor. Such lump sum payment shall be made as soon as practicable. § 25. The several amounts as hereinafter set forth, or so much thereof as may be necessary, is hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April first, nineteen hundred eighty-five to supplement appropriations from each respective fund available for personal service, non-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. On or before October first, nineteen hundred eighty-five, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee a report showing by agency the allocation of general fund personal service appropriations made by this chapter. On or before January third, nineteen hundred eighty-six and March third, nineteen hundred eighty-six, the director of the division of the budget shall file with the chairman of the senate finance committee and the chairman of the assembly ways and means committee, a report showing by agency the allocation of general fund personal service appropriations made by this chapter, the amounts actually apportioned to each agency, and any change in proposed or actual apportionments from previous reports required by this section. The report filed on or before March third, nineteen hundred eighty-six also shall include a schedule showing a projection of tionments which will be made to each agency by March thirty-first, nineteen hundred eighty-six. appor State's Contribution to the Social Security Contribution Fund... 134,000 Professional Development. 186,000 Indemnification Fund. . 16,000 20,000 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law § 26. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April first, nineteen hundred eighty-five. REPEAL NOTE. -Subparagraph two of paragraph a of subdivision two of section two hundred fifteen of the executive law repealed by section one of this act, providing salary schedules for certain state employees in the unit consisting of commissioned and non-commissioned officers of the division of state police, is replaced by a revised salary schedule in a new subparagraph two. Paragraph b of subdivision two of section two hundred fifteen of the executive law repealed by section two of this act, providing salary schedules for certain state employees in the unit consisting of commissioned and non-commissioned officers of the division of state police, is replaced by a revised salary schedule in a new paragraph b. Paragraph b of subdivision two of section two hundred sixteen of the executive law repealed by section three of this act, providing salary schedules for certain state employees in the unit consisting of commissioned and non-commissioned officers of the division of state police, is replaced by revised salary schedules in a new paragraph b. Section five of chapter four hundred sixty-one of the laws of nineteen hundred eighty-two repealed by section five of this act, providing for additional compensation in lieu of other compensation for overtime work for members in the unit consisting of commissioned and non-commissioned officers of the division of state police, is replaced by a revised additional compensation in lieu of overtime work provision in section six of this act. Section fifty-eight of chapter three hundred seven of the laws of nineteen hundred seventy-nine, repealed by section four of this act, providing for additional compensation for certain members of the division of state police for unused sick leave credits, is replaced by a revised additional compensation for unused sick leave credits provision in section ten of this act. CHAPTER 313 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the executive law, the state finance law and the retirement and social security law, in relation to compensation, benefits and other terms and conditions of employment of members of the unit consisting of investigators, senior investigators and investigative specialists in the division of state police; to implement agreements between the state and an employee organization; to repeal certain provisions of the executive law and section seven of chapter two hundred eighteen of the laws of nineteen hundred eighty-two relating thereto; and making an appropriation for the purpose of effectuating certain of the provisions hereof The Became a law July 11, 1985, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph a of subdivision two of section two hundred sixteen of the executive law is repealed and a new paragraph a is added to read as follows: a. Members assigned to the bureau of criminal investigation and investigative specialists appointed to the bureau by the superintendent other than those whose salaries are specified in paragraph b of this subdivision shall receive a basic annual salary as follows, on the effective date as indicated: § 2. Section two hundred sixteen-b of such law, as added by a chapter of the laws of nineteen hundred eighty-five, amending the executive law, relating to additional compensation, benefits and other terms and conditions of employment for members of the unit consisting of troopers of the division of state police, as proposed in legislative bill number A. 8103, is amended by adding a new subdivision five to read as follows: 5. When a member whose annual basic salary is prescribed by paragraph a of subdivision two of section two hundred sixteen of this article has completed five years of service as a member in the division of state police, such member shall be entitled to additional annual salary as follows, on the effective dates indicated: Such additional annual salary shall be added to the annual basic salary otherwise payable and shall be considered annual basic salary. § 3. Section two hundred sixteen-c of such law is repealed and a new section two hundred sixteen-c is added to read as follows: § 216-c. Holiday compensation. Notwithstanding the provisions of section one hundred thirty-five of the civil service law, members of the division of state police, other than troopers attending the state police academy for basic training, the division physician, assistant division physicians, inspectors, deputy chief inspectors, confidential assistant to the superintendent, the assistant deputy superintendents, the chief inspector, the counsel, first assistant counsel, assistant counsels, deputy superintendents, first deputy superintendent, state police director of personnel, assistant director of personnel-state police and the state police director of scientific laboratory shall effective April first, nineteen hundred eighty-five for members in the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and effective June thirteenth, nineteen hundred eighty-five for such other members receive annual holiday compensation in an amount to be computed for each member by dividing his annual basic salary by one thousand nine hundred ninety-two hours to obtain an hourly rate of pay and multiplying such hourly rate by fifty-two and four-tenths hours, adjusted to the next higher whole dollar amount. Such compensation shall be in lieu of any other premium which may be paid for work on a legal holiday and shall be included in and be a part of the member's annual basic salary and on and after April first, nineteen hundred eighty-five 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 and on and after June thirteenth, nineteen hundred eighty-five for such other members is included in the annual basic salary schedules applicable to such members pursuant to this article. § 4. Section two hundred twenty-seven of such law, subdivision one as amended by chapter nine hundred six of the laws of nineteen hundred seventy-four and subdivision three as added by chapter four hundred twenty-seven of the laws of nineteen hundred fifty-four, is amended read as follows: to § 227. [Death or disability] Disability benefits. The following benefits shall be paid by the state on account of [death or] disability of a member of the division of state police: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 1. [To the widow, until she be married again, or the dependent children under the age of twenty-one years, or the dependent mother of every member of the division of state police whose death has been heretofore caused or shall hereafter be caused by injury or disease contracted in the performance of duty there shall be paid annually as long as such dependency continues upon certification of a board consisting of the superintendent of state police, the attorney general and the state comptroller, one-half the salary including maintenance allowance, received by him at the time of his death. 2. To every person now a member or who shall hereafter become a member of the division of state police, who is now or who shall hereafter become physically or mentally unable to perform his regular duties in a manner satisfactory to the superintendent of the division of state police there shall be paid during the period of such disability an amount of not less than one-third nor more than one-half of his salary including maintenance allowance, which amount within such limits shall be determined by a board consisting of the superintendent of state police, the attorney-general and the state comptroller. A member of the New York state employees' retirement system who has heretofore served as a member of the division of state police for a period of fifteen years or more and who, following such a period of service, has heretofore been retired for ordinary disability under the provisions of section seventyeight of the civil service law shall, notwithstanding the provisions of section ninety-three of the civil service law, receive from the state from appropriations made for the purpose of this section such sum as will bring his retirement allowance under section seventy-eight of the civil service law up to the amount which he would have received under this subdivision if he were not a member of the New York state employees' retirement system and were entitled to the benefits provided for by this subdivision, to be determined in the manner prescribed thereby. [3.1 2. The provisions of this section shall not apply in the case of any member of the division of state police who is a member of the New York state employees' retirement system unless he was retired by such system for ordinary disability prior to May twenty-second, nineteen hundred forty-two. § 5. Such law is amended by adding a new section two hundred twentyseven-a to read as follows: $227-a. Death benefits. 1. The following benefit shall be paid by the state on account of death of a member of the division of state police. To the widow, until she be married again, or the dependent children under the age of twenty-one years, or the dependent mother of every member of the division of state police whose death has been heretofore caused or shall hereafter be caused by injury or disease contracted in the performance of duty there shall be paid annually as long as such dependency continues upon certification of a board consisting of the superintendent of state police, the attorney general and the state comptroller, onehalf the salary including maintenance allowance, received by such member at the time of death. con 2. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization representing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police, or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit sisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, a survivor's benefit for a member in such negotiating unit shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, as the result of an accidental on-the-job injury, provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the United States code, and provided further that a death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the member's surviving spouse and dependent children in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the member is not survived by a spouse or dependent children, the survivor's benefit shall be the estate of the member. Such survivor's benefit shall be in addition paid to to and not in place of any other survivor's or death benefit payable on behalf of such member, except that such benefit shall not be payable if a public safety officer's death benefit is payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of the United States code. 3. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization represent ing members of the collective negotiating unit consisting of investigators, senior investigators and investigative specialists of the division of state police or the collective negotiating unit consisting of troopers in the division of state police or the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police established pursuant to article fourteen of the civil service law so provides, the state shall establish a special education fund to provide the child or children of such members for whom a survivor's benefit is paid pursuant to subdivision two of this section, or for whom a federal public safety officer's benefit is payable as specified subdivision two of this section, with full tuition up to the amount charged by the state university of New York to attend any college or university provided, however, such child or children meet the entrance requirements of such college or university. The special education fund shall be funded at a level and for the period of time as determined by such agreement and any interest or other earnings attributable to the money held in such fund shall be utilized with such money for the purpose set forth in this subdivision. in § 6. The state finance law is amended by adding a new section two hundred seven-b to read as follows: § 207-b. Employee benefit fund; division of state police. 1. Definitions. As used in this section, unless otherwise expressly stated: a. "Director" shall mean the director of employee relations. b. "Employee" shall mean any person in the service of the state of New York in the division of state police who is appointed to and serving a on full-time annual salaried basis in a position in the collective negotiating units consisting of troopers; commissioned and non-commissioned officers; and investigators, senior investigators and investigative specialists established pursuant to article fourteen of the civil service law. 2. Where and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides on behalf of employees in the collective negotiating units consisting of troopers; commissioned and noncommissioned officers; and investigators, senior investigators and investigative specialists in the division of state police established pursuant to article fourteen of the civil service law, and upon audit and warrant of the comptroller, the director shall provide for the payment of moneys to such employee organization for the establishment and maintenance of an employee benefit fund established by the employee organization for the employees in the negotiating units covered by the controlling provisions of such agreement providing for such employee benefit fund, such amount to be determined consistent with said agreement on the basis of the number of full-time annual salaried employees, other than full-time seasonal employees, on the payroll on a full-time basis as determined by the comptroller on the payroll on March first, nineteen hundred eighty-six for payments to be made on April first, nineteen hundred eighty-six, and on the payroll on March first, nineteen hundred eighty-seven for payments to be made on April first, nineteen hundred eighty-seven. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, 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 or 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 moneys pursuant to this section. transmittal of 3. Such employee organization shall periodically as specified by the director, supply a description of the benefits purchased or provided by the employee benefit fund, the utilization experience of the benefit EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |