Relates to salaries and benefits for certain state officers and employees excluded from collective negotiating units

Summary of provisions

Section 1 of the bill enacts legislation necessary to implement changes to salary and benefits of certain state officers and employees excluded from collective bargaining units.

Section 2 of the bill would provide for the restoration of pay raises equal to the percentage pay raises withheld in 2009 and 2010 by the Executive while also including the pay raises provided for in 2014-2015 and 2015-2016 in the current statute.

Section 3 of the bill would provide for the restoration of pay raises equal to the percentage pay raises withheld in 2009 and 2010 by the Executive while also including the pay raises provided for in 2014-2015 and 2015-2016 in the current statute for certain state officers and employees not otherwise covered by section 2 of this chapter.

Section 4 of the bill would provide for an immediate effective date and shall be deemed to have been in full force and effect on and after April 1, 2014.

Justification

Salary increases, pursuant to Chapter 10 of the Laws of 2008, for managerial or confidential employees of the state were administratively withheld in 2009 and 2010. As a result, managerial or confidential employee salaries have become an increasing subject of controversy in recent years. Moreover, the absence of a pay increase has produced legal challenges and threatens the entire pay structure established in Article 8 of the civil service law. In fact, some managerial or confidential employees make less than those they supervise while others make less than their union-represented counterparts at the same grade level. Unlike the states unionized workforce, managerial or confidential employees are prohibited from collectively bargaining increases in compensation and are not contractually protected.

As a result, there are an increasing number of state employees across the state that are turning down promotions or seeking demotions as

such a promotion or current M/C status results in significantly less pay than that of a unionized employee.

In addition, as a result of the administrative withholding of M/C pay raises in 2009 and 2010, as well as the non-negotiated pay schedules contained in the 2011-2016 PayBill, enacted at the end of the 2011 Legislative Session, M/C employees, have not received a raise for 5 consecutive years as of 3/31/2014.

This bill would address the issue by restoring the withheld salary on a prospective basis. More importantly, these proper salary levels will ensure the State's ability to continue to promote, recruit and hire qualified managers through this restoration of equity in the salary schedules.

Legislative history

New legislation

Fiscal implications

The cost to the State to restore these withheld benefits would be approximately $63.5 million above the current Executive budget proposal. This figure includes increased payments to the appropriate public pension systems.

It should be noted that since the 2009 and 2010 withholdings were done because of large state deficits that it is only fair these amounts should be restored in this year because of the surplus that is anticipated by close of business for fiscal year 2013-2014. It is estimated that the State has saved in excess of $500 million since April, 2009 due to this withholding and delay of M/C salary increases and performance advances (steps).

Effective date

This bill would take effect immediately upon enactment.