ASSEMBLY BILL #A11223 SAME AS SENATE BILL #S7867



ASSEMBLY BILL #A11223 SAME AS SENATE BILL #S7867

LAWS OF NEW YORK, 2006

CHAPTER 104

AN ACT to amend chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, in relation to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system; and making an appropriation therefor

Became a law June 19, 2006, 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 Assembly, do enact as follows:

Section 1. Section 1 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended to read as follows:

Section 1. The legislature finds that collective bargaining agreements have been negotiated by the unified court system with employee organizations representing nonjudicial officers and employees in the following negotiating units: New York city administrative, librarian, clerical and support, New York city administrative services, New York city court clerks, New York city court reporters, New York city senior court attorneys, citywide law assistants, New York city court officers, supreme court officers, ninth judicial district, Nassau county, Suffolk county and state judiciary. The purpose of this act is to implement these agreements 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 28, 1979, as amended since that date. References to the April, 2002 salary schedule shall mean the salary schedule promulgated by the chief administrator pursuant to subdivision (e) of section 2 of chapter 69 of the laws of 2000. References to the April, 2004 salary schedule, the April, 2005 salary schedule, the April, 2006 salary schedule and the March, 2007 salary schedule shall mean the salary schedules promulgated by the chief administrator pursuant to subdivisions (a) through (d) of section two of this act, respectively.

§ 2. The opening paragraph of subdivision (a) of section 3 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended to read as follows:

Each nonjudicial officer and employee of the unified court system, in 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 14 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) New York

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

to be omitted.

CHAP. 104 2

city administrative, librarian, clerical and support unit, (ii) New York city administrative services unit, (iii) New York city court clerks unit, (iv) New York city court reporters unit, (v) New York city senior court attorneys unit, (vi) citywide law assistants unit, (vii) New York city court officers unit, (viii) ninth judicial district unit, (ix) Nassau county unit, (x) Suffolk county unit [and], (xi) state judiciary unit and (xii) supreme court officers unit. Bonuses and increases to basic annual salary, as provided in this section, shall be prorated for any nonjudicial officer or employee whose position is part-time, or who otherwise works part-time, and who is eligible, under the rules of the chief judge of the state or an agreement between the state and an employee organization pursuant to the provisions of article 14 of the civil service law, to accrue annual and sick leave credits. Bonuses as provided in this section shall be in addition to and shall not be a part of an employee's basic annual salary; provided, however, they shall be included as compensation for retirement purposes. For purposes of this section:

§ 3. Paragraph 3 of subdivision (d) of section 3 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended to read as follows:

(3) Each such nonjudicial officer and employee in the employ of the unified court system having at least twenty years of continuous service in the employ of the unified court system as of the preceding March 31 shall receive a bonus equaling: (i) one thousand seven hundred dollars, if he or she has less than twenty-five years of such service as of such date; or (ii) one thousand eight hundred dollars, if he or she has at least twenty-five years of such service as of such date; provided, however, where such nonjudicial officer or employee received a bonus effective April 1, 2005, pursuant to law other than a provision of this act, and he or she was then in a position in the collective negotiating unit specified in clause (xii) of subdivision (a) of this section, the amount of the bonus authorized by this paragraph shall be reduced by the amount of that bonus.

§ 4. Paragraph 3 of subdivision (e) of section 3 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended to read as follows:

(3) Each such nonjudicial officer and employee in the employ of the unified court system having at least twenty years of continuous service in the employ of the unified court system as of the preceding March 31 shall receive a bonus equaling: (i) one thousand seven hundred fifty dollars, if he or she has less than twenty-five years of such service as of such date; or (ii) one thousand eight hundred fifty dollars, if he or she has at least twenty-five years of such service as of such date; provided, however, where such nonjudicial officer or employee received a bonus effective April 1, 2006, pursuant to law other than a provision of this act, and he or she was then in a position in the collective negotiating unit specified in clause (xii) of subdivision (a) of this section, the amount of the bonus authorized by this paragraph shall be reduced by the amount of that bonus.

§ 5. Chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended by adding a new section 3-a to read as follows:

3 CHAP. 104

§ 3-a. (a) Except as otherwise provided herein, this section shall apply to each nonjudicial officer and employee of the unified court system, in a position in a collective negotiating unit specified in subdivision (a) of section three of this act, provided that he or she was in the employ of the unified court system on January 8, 2004, and (1) on February 28, 2006, he or she held the position of senior court officer; or

(2) on February 28, 2006, he or she held the position of New York state court officer-sergeant and, between January 8, 2004 and February 28, 2006, he or she held the position of senior court officer; or

(3) on February 28, 2006, he or she held the position of New York state court officer-sergeant and, on or before January 7, 2004, he or she held the position of senior court officer-sergeant and, on January 8, 2004, his or her position was reclassified to the title New York state court fficer-sergeant; or

(4) on February 28, 2006, he or she held the position of New York state court officer-sergeant and, prior to January 8, 2004, he or she held the position of senior court officer-sergeant and promoted or transferred to a position in another negotiating unit; or

(5) on January 8, 2004, he or she held the position of senior court officer and thereafter he or she assumed the position of New York state court officer-sergeant.

(b) Each such nonjudicial officer and employee who held the position of senior court officer or New York state court officer-sergeant during the twelve-month period beginning January 8, 2004 shall be entitled to a retroactive adjustment in the rate of his or her basic annual salary for so much of such twelve-month period during which he or she held either of such positions. The amount of such adjustment shall equal one thousand dollars, except that, effective April 1, 2004, the amount of such adjustment shall equal one thousand twenty-five dollars.

(c) Each such nonjudicial officer and employee who held the position of senior court officer or New York state court officer-sergeant during the twelve-month period beginning January 8, 2005 shall be entitled to a retroactive adjustment in the rate of his or her basic annual salary for so much of such twelve-month period during which he or she held either of such positions. The amount of such adjustment shall equal one thousand seven hundred dollars, except that, effective April 1, 2005, the amount of such adjustment shall equal one thousand seven hundred forty-six dollars.

(d) Each such nonjudicial officer and employee who held the position of senior court officer or New York state court officer-sergeant during the twelve-month period beginning January 8, 2006 shall be entitled to a retroactive adjustment in the rate of his or her basic annual salary for so much of such twelve-month period during which he or she held either of such positions. The amount of such adjustment shall equal two thousand three hundred fifty dollars, except that, effective April 1, 2006, the amount of such adjustment shall equal two thousand four hundred twenty dollars.

(e)(1) For purposes of section three of this act, the term "basic annual salary", as used in such section, shall not include any adjustment in the rate of basic annual salary as provided in this section.

(2) Additional compensation earned by a nonjudicial officer or employee on account of this section shall be included as compensation for retirement purposes.

§ 6. Section 6 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain

CHAP. 104 4

nonjudicial officers and employees of the unified court system, is amended to read as follows:

§ 6. (a) Each nonjudicial officer and employee in a collective negotiating unit specified in section one of this act shall receive a bonus of eight hundred dollars to be paid as soon as practicable after the chief administrator of the courts shall deliver to the comptroller a certificate that there is in effect with respect to such negotiating unit a written collective bargaining agreement with the state pursuant to article 14 of the civil service law which provides therefor. Each nonjudicial officer and employee not in a collective negotiating unit shall receive a bonus of eight hundred dollars to be paid as soon as practicable after the date on which this act becomes a law. The bonuses authorized by this [section] subdivision shall be in addition to and shall not be a part of an employee's basic annual salary; provided, however, they shall be included as compensation for retirement purposes.

(b) Each nonjudicial officer and employee in the collective negotiating unit specified in clause (xii) of subdivision (a) of section three of this act who (i) on January 7, 2004 held a position in such unit at a basic annual salary that was at or above the maximum rate of pay for the grade of such position, and (ii) on February 28, 2006 held the position of New York state court officer, New York state court officer-captain, New York state court officer-major I, New York state court officer-major II or New York state court officer-sergeant shall receive a bonus of fifteen hundred dollars to be paid as soon as practicable after the chief administrator of the courts shall deliver to the comptroller a certificate that there is in effect with respect to such negotiating unit a written collective bargaining agreement which provides therefor. The bonuses authorized by this subdivision shall be in addition to and shall not be a part of an employee's basic annual salary and shall not be included as compensation for retirement purposes.

§ 7. Section 7 of chapter 203 of the laws of 2004, amending the judiciary law relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, is amended to read as follows:

§ 7. The provisions of sections three, three-a, four, five and six of this act shall not be implemented for nonjudicial officers and employees in a collective negotiating unit established pursuant to article 14 of the civil service law until the chief administrator of the courts shall deliver to the comptroller a certificate that there is in effect with respect to such negotiating unit a written collective bargaining agreement with the state pursuant to article 14 of the civil service law which provides therefor; and any increase in compensation, including increases in basic annual salary, increments or partial increments, or bonuses, provided by sections three, three-a, four, five and six of this act or otherwise authorized by law:

(a) may be withheld in whole or in part from any nonjudicial officer or employee not in a collective negotiating unit when in the opinion of the chief administrator, such increase is not warranted or is not appropriate; and

(b) shall not preclude any other increases in compensation for such a nonjudicial officer or employee as may be authorized by law.

§ 8. The sum of twenty-six million four hundred thousand dollars ($26,400,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available to the administrative office of the

5 CHAP. 104

courts for payment pursuant to the provisions of this act; provided, however, where the provisions of this act require expenditures that must be paid from appropriations from funds of the state other than the general fund or that, by established administrative practice, are paid from such funds, the chief administrator of the courts shall so certify to the comptroller, and thereupon the appropriation provided in this section shall be available for such expenditures.

§ 9. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April first, two thousand three.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER

Temporary President of the Senate Speaker of the Assembly

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