Raise Court Worker Pay

Section 1. Legislative findings. 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: Suffolk county, New York city administrative, librarian, clerical and support, New York city administrative services, ninth judicial district, citywide law assistants, New York city senior court attorneys and New York city court reporters. The purpose of this act is to implement these agreements and any other collective bargaining agreement negotiated by the unified court system with an employee organization where, pursuant to section five of this act, the chief administrator of the courts has delivered a certificate to the comptroller that such collective bargaining agreement is in effect. References in this act to the unified court system's classification structure shall mean the classification structure established by the chief administrator on May 28, 1979, as amended since that date. Reference to the April, 2015 salary schedule shall mean the salary schedule promulgated by the chief administrator of the courts pursuant to subdivision (b) of section 2 of chapter 400 of the laws of 2014. References to the April, 2016 salary schedule, the April, 2017 salary schedule and the April, 2018 salary schedule shall mean the salary schedules promulgated by the chief administrator pursuant to subdivisions (a), (b) and (c) of section two of this act, respectively.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11816-01-7

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(a) Effective April 1, 2016, each of the rates of pay established by the April, 2015 salary schedule shall be increased as follows;

(1) the maximum rate for each grade shall be increased by an amount equal to 2 percent thereof (and then rounded up to the nearest dollar);

(2) the amount of the increment for each grade shall equal one-seventh of the difference (rounded up to the nearest dollar) between the maximum rate for such grade, as increased by paragraph (1) of this subdivision, and 102 percent of the hiring rate for such grade on the April, 2016 salary schedule (rounded up to the nearest dollar);

(3) the hiring, first, second, third, fourth, fifth and sixth year rates of compensation for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, minus 7, 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as increased by paragraph (2) of this subdivision, respectively;

(4) the longevity rate for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, plus the amount of the increment for such grade; and

(5) the extra-longevity rate for each grade shall equal the longevity rate for such grade, as increased by paragraph (4) of this subdivision, plus the amount of the increment for such grade.

(b) Effective April 1, 2017, each of the rates of pay established by the April, 2016 salary schedule shall be increased as follows;

(1) the maximum rate for each grade shall be increased by an amount equal to 2 percent thereof (and then rounded up to the nearest dollar);

(2) the amount of the increment for each grade shall equal one-seventh of the difference (rounded up to the nearest dollar) between the maximum rate for such grade, as increased by paragraph (1) of this subdivision, and 102 percent of the hiring rate for such grade on the April, 2016 salary schedule (rounded up to the nearest dollar);

(3) the hiring, first, second, third, fourth, fifth and sixth year rates of compensation for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, minus 7, 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as increased by paragraph (2) of this subdivision, respectively;

(4) the longevity rate for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, plus the amount of the increment for such grade; and

(5) the extra-longevity rate for each grade shall equal the longevity rate for such grade, as increased by paragraph (4) of this subdivision, plus the amount of the increment for such grade.

(c) Effective April 1, 2018, each of the rates of pay established by the April, 2017 salary schedule shall be increased as follows:

(1) the maximum rate for each grade shall be increased by an amount equal to 2 percent thereof (and then rounded up to the nearest dollar);

(2) the amount of the increment for each grade shall equal one-seventh of the difference (rounded up to the nearest dollar) between the maximum rate for such grade, as increased by paragraph (1) of this subdivision, and 102 percent of the hiring rate for such grade on the April, 2017 salary schedule (rounded up to the nearest dollar);

(3) the hiring, first, second, third, fourth, fifth and sixth year rates of compensation for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, minus 7, 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as increased by paragraph (2) of this subdivision, respectively;

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(4) the longevity rate for each grade shall equal the maximum rate for such grade, as increased by paragraph (1) of this subdivision, plus the amount of the increment for such grade; and

(5) the extra-longevity rate for each grade shall equal the longevity rate for such grade, as increased by paragraph (4) of this subdivision, plus the amount of the increment for such grade.

§ 3. Increases in compensation for persons in allocated positions.

(a) 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 in any collective negotiating unit of nonjudicial officers and employees of the unified court system where, pursuant to section five of this act, the chief administrator of the courts has delivered to the comptroller a certificate that an employee organization representing nonjudicial officers and employees in such unit has negotiated a collective bargaining agreement with the unified court system that is in effect, or that is in any of the following collective negotiating units, shall receive increased compensation in accordance with this section: (1) Suffolk county, (2) New York city administrative, librarian, clerical and support, (3) New York city administrative services, (4) ninth judicial district, (5) citywide law assistants, (6) New York city senior court attorneys, and (7) New York city court reporters. 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 parttime, 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 fourteen 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:

(i) no nonjudicial officer or employee shall receive a full or partial increment or bonus hereunder unless he or she shall have received other than an unsatisfactory performance rating for his or her services during the year immediately preceding pursuant to a performance evaluation system set forth in an agreement specified in section one of this act, nor shall any nonjudicial officer or employee receive a bonus provided in this section where he or she, as of the date on which this act becomes a law, already has received that bonus pursuant to law other than a provision of this act;

(ii) any full or partial increment received by a nonjudicial office or employee effective April 1, 2016 or April 1, 2017, pursuant to law other than a provision of this act, shall not be considered when determining:

(A) a nonjudicial officer or employee's basic annual salary on a specified date; and

(B) whether a nonjudicial officer or employee is eligible to receive a full or partial increment of the grade of his or her position on any of such dates pursuant to a provision of this act;

(iii) service in the employ of the unified court system shall mean service in one or more courts or agencies of the unified court system, whether as a judge or as a nonjudicial officer or employee. In order for a nonjudicial officer or employee's years of service in the employ of the unified court system to be "continuous," he or she must have served the equivalent of 120 workdays in each of those years; and the number of years required to qualify for a bonus hereunder must be served consecutively except that they may be interrupted by one or more breaks of not

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more than one year each, attributable to a period of time between any separation from his or her position in the employ of the unified court system and resumption of service in such employ.

(b) Effective April 1, 2016:

(1) 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, 2015 salary schedule.

(2) Each such nonjudicial officer and employee shall be placed in his or her grade on the April, 2016 salary schedule in the manner provided as follows:

(i) If his or her basic annual salary under the April, 2015 salary schedule, including any increase pursuant to paragraph (1) of this subdivision, is identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, maximum, longevity or extra-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, 2016 salary schedule; or

(ii) If his or her basic annual salary under the April, 2015 salary schedule, including any increase pursuant to paragraph (1) of this subdivision, is not identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, maximum, longevity or extra-longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased by an amount equaling 2 percent thereof (and then rounded up to the nearest dollar);

Notwithstanding the foregoing, 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 1,000 dollars, such nonjudicial officer or employee shall be placed in his or her grade on the April, 2016 salary schedule at his or her basic annual salary, including any increase pursuant to paragraph (1) of this subdivision, plus 1,000 dollars.

(3) Each such nonjudicial officer and employee in the employ of the unified court system having at least 20 years of continuous service in the employ of the unified court system as of the preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less than 25 years of such service as of such date; or (ii) 2,000 dollars, if he or she has at least 25 but less than 30 years of such service as of such date; or (iii) 2,100 dollars, if he or she has at least 30 years of such service as of such date.

(c) Effective April 1, 2017:

(1) 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, 2016 salary schedule.

(2) Each such nonjudicial officer and employee shall be placed in his or her grade on the April, 2017 salary schedule in the manner provided as follows:

(i) If his or her basic annual salary under the April, 2016 salary schedule, including any increase pursuant to paragraph (1) of this subdivision, is identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, maximum, longevity or extra-longevity rate of compensation of the grade of his or her posi-

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tion, that basic annual salary shall be increased to the corresponding rate of compensation in such grade as established by the April, 2017 salary schedule; or

(ii) If his or her basic annual salary under the April, 2016 salary schedule, including any increase pursuant to paragraph (1) of this subdivision, is not identical with the hiring, first year, second year, third year, fourth year, fifth year, sixth year, maximum, longevity or extra-longevity rate of compensation of the grade of his or her position, that basic annual salary shall be increased by an amount equaling 2 percent thereof (and then rounded up to the nearest dollar);

Notwithstanding the foregoing, 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 1,000 dollars, such nonjudicial officer or employee shall be placed in his or her grade on the April, 2017 salary schedule at his or her basic annual salary, including any increase pursuant to paragraph (1) of this subdivision, plus 1,000 dollars.