Relates to compensation and benefits of certain members of the state police; appropriation; repealers

Section 2 of the bill would repeal Executive Law § 216(2)(a) and replace it with a new paragraph establishing a new salary schedule for members of the BCI unit. Basic annual salaries for such members will increase by 3 percent, effective April 1, 2007; by 3 percent, effective April 1, 2008; by 3 percent, effective April 1, 2009, and by 4 percent, effective April 1, 2010. This section also establishes a new salary schedule for such members, effective March 31, 2011, which rolls command pay and premium pay into base salary.

Section 3 of the bill would repeal State Finance Law § 207-b(2)(b) and replace it with a new paragraph that continues payments to the Employee Benefit Fund for members of the BCI unit. Under this provision, the Employee Benefit Fund payment will continue at $49 per member, per year for the period April 1, 2007 to March 31, 2011.

Section 4 of the bill would repeal Executive Law § 216-c(2) and replace it with a new subdivision that continues holiday payments that will increase by the same percentage increases as applied to basic annual salaries in section 2 of this bill. Effective April 1, 2007, such amount will increase to $1392. Effective April 1, 2008, such amount will increase to $1434. Effective April 1, 2009, such amount will increase to $1477. Effective April 1, 2010, such amount will increase to $1536.

Section 5 of the bill would repeal Executive Law §§ 216-b(5)(b), (c) and (d) and replace them with new subdivisions (b) and (c), which would provide for a new longevity award schedule for members of the BCI unit, as follows: Effective April 1, 2007: (a) 6 to 10 years of service - $430; (b) 11 to 15 years of service - $480; and (c) 16 to 25 years of service - $530. Effective April 1, 2008, such amounts will increase to $460, $510, and $560, respectively. Effective April 1, 2009, such amounts will increase to $500, $550, $600, respectively.

Effective April 1, 2010, such amounts increase to $540, $590, and $640, respectively.

Section 6 of the bill would provide an increase to the premium in lieu of overtime paid to senior investigators, increasing such overtime premium by the same percentage increases as applied to basic annual salaries in section 2 of this bill, to the amount of $10,818, effective April 1, 2007, to the amount of $11,143, effective April 1, 2008, to the amount of $11,477, effective April 1, 2009 and to the amount of $11,936, effective April 1, 2010. Effective March 31, 2011, such premium will be rolled into base salary.

Section 7 of the bill would provide an increase in the command pay provided to senior investigators of the BCI unit, increasing such pay by the same percentage increases as applied to basic annual salaries in section 2 of this bill, to the amount of $2,699, effective April 1, 2007, to the amount of $2,780, effective April 1, 2008, to the amount of $2,863, effective April 1, 2009 and to the amount of $2,978, effective April 1, 2010. Effective March 31, 2011, such command pay will be rolled into base salary.

Section 8 of the bill would continue funding for the committee on health benefits in the amount of $5,000 per year during the period April 1, 2007 through March 31, 2011.

Section 9 of the bill would provide for an increase in the maintenance allowance for members of the BCI unit, increasing such allowance by the same percentage increases as applied to basic annual salaries in section 2 of this bill, to the amount of $2,865, effective April 1, 2007, to the amount of $2,951, effective April 1, 2008, to the amount of $3,040, effective April 1, 2009 and to the amount of $3,162, effective April 1, 2010.

Section 10 of the bill would establish an annual payment of $1200, effective April 1, 2010, for members of the BCI unit in recognition of the professional expertise of such members.

Section 11 of the bill would continue funding for the professional development and quality of working life committee in the amount of $81,900 during the period April 1, 2007 to March 31, 2011, to provide support for the advanced degree educational opportunity program, the tuition reimbursement program and the employee assistance program.

Section 12 of the bill would provide for an annual $1200 increase in expanded duty pay for members of the BCI unit, to the amount of $3,852, effective April 1, 2007; to the amount of $5,052, effective April 1, 2008, to the amount of $6,252, effective April 1, 2009 and to the amount of $7,452, effective April 1, 2010, in recognition of such members' expanded duties related to counterterrorism, computer crimes, and law enforcement activities involving gambling regulation.

Section 13 of the bill would continue supervisory responsibility pay in accordance with the terms of an interest arbitration award dated February 4, 2005, issued pursuant to Civil Service Law §209(4), for members of the BCI unit designated as "Unit Coordinators", "Acting Senior Investigators" or "Acting Administrative Senior Investigators."

Section 14 of the bill would continue the location pay benefit of $200 for members of the BCI unit whose official workstation is Monroe County and would increase the location pay benefit provided to members whose official workstation is in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk by the same percentage increases as applied to basic annual salaries in section 2 of this bill. Effective April 1, 2007, such location pay will increase to $1,392. Effective April 1, 2008, such pay will increase to $1,434.

Effective April 1, 2009, such pay will increase to $1,477. Effective April 1, 2010, such pay will increase to $1,536.

Section 15 of the bill would increase the supplemental location pay benefit, as follows: Effective April 1, 2007 members of such units who work in (a) Orange, Putnam or Dutchess would receive $1,160, (b) Rockland or Westchester County or the City of New York would receive $ 1,739, and (c) in Nassau or Suffolk County would receive $2,029. Effective April 1, 2008, these amounts would increase to $1,195, $1,791, and $2,090, respectively. Effective April 1, 2009, these amounts would increase to $1,230, $1,845, and $2,153, respectively. Effective April 1, 2010, these amounts would increase to $1,280, $1,918, and $2,239, respectively.

Section 16 of the bill would continue lump sum payments for unused sick leave at retirement. Effective April 1, 1998, unused sick days will be cashed out according to the following formula: the number of accumulated and unused sick days, not to exceed 300, will be reduced by 165 with the result being multiplied by the member's daily rate of pay. The lump sum payable will be equal to one-fifth of such amount.

Section 17 of the bill would continue the committee to study and assess physical fitness standards for members of the BCI unit and the annual appropriation for that purpose. Effective April 1, 2001, members of the BCI unit would receive a fitness bonus if they were found to be eligible against established standards. The Division of State Police and the employee organization representing such unit may agree to expend the funds appropriated on an annual basis for the physical fitness program for a mutually agreeable alternate purpose.

Section 18 of the bill would continue a payment to members of the BCI unit who possess or obtain a recognized degree. Such members shall continue to receive a lump sum payment of $250 for an Associate's Degree, $500 for a Bachelor's Degree, and $750 for a graduate degree.

Section 19 of the bill would provide that appropriations contained therein shall be available to the state for the payment and publication of grievance arbitration settlements and awards.

Section 20 of the bill would provide the date on which members of the BCI unit would be entitled to the salary increases provided by this bill.

Section 21 of the bill would provide that until payment is made pursuant to this bill, members of the BCI unit shall receive payment otherwise payable in their respective positions. When basic annual salaries are first paid pursuant to this bill, such members shall be entitled to a lump sum payment for the difference between the salaries to which they were entitled since April 1, 2007 and the compensation actually received.

Section 22 of the bill would authorize the Comptroller to pay any amounts required by the bill. To the extent that existing appropriations available to any state department or agency are insufficient to accomplish the purposes set forth in this section, the Director of the Budget would be authorized to allocate to the various departments and agencies the amounts necessary to make such payments.

Section 23 of the bill would appropriate monies to pay for personal services, other than personal services and fringe benefits, and to carry out the provisions of this act.

Section 24 of the bill would provide that the bill take effect immediately and be deemed to have been in full force and effect on and after April 1, 2007.

Existing law

Chapter 112 of the Laws of 2006 and Chapter 103 of the Laws of 2005 address a variety of terms and conditions of employment for investigators and senior investigators established by previous interest arbitration awards, and cover the period April 1, 2003 to March 31, 2007.

Executive Law §216 establishes the current salary schedules for members of the BCI unit.

Executive Law §216-b establishes the current longevity schedule for members of the BCI unit.

Executive Law §216-c establishes the current holiday pay benefit for members of the BCI unit.

State Finance Law §207-b authorizes payments to an employee benefit fund on behalf of members of the BCI unit under interest arbitration award and agreement.

Prior legislative history

None.

Statement in support

This bill is necessary to implement the terms of a collective bargaining agreement negotiated between the Executive Branch of the State of New York and the employee organization representing members of the BCI unit.

Budget implications

This bill would provide appropriations totaling approximately $43.61 million (General Fund of approximately $40.20 million) to pay for the cost of the agreement during the period April 1, 2007 to March 31, 2009. The 2009-10 financial plan accommodates the costs associated with this bill.

Effective date

The bill would take effect immediately and would be deemed to have been in full force and effect on and after April 1, 2007.