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2006 New York Code - Unified Court Budget; First Instance Payments By State; Provision For Prepayment; Payment By Localities; Transfer Of Non-judicial Personnel.
§ 39. Unified court budget; first instance payments by state;
provision for prepayment; payment by localities; transfer of
non-judicial personnel. 1. Notwithstanding any other provision of law,
and except as provided in subdivision three of this section the state
shall pay in the first instance from regular appropriations, beginning
April first, nineteen hundred seventy-seven the expenses for the supreme
court and appellate divisions and appellate terms thereof, county
courts, family courts, surrogate's courts, civil court of the city of
New York, criminal court of the city of New York, district courts, city
courts, the county clerks' offices in the city of New York and those
portions of the county clerks' offices outside the city of New York that
perform services pursuant to the role of the county clerk as clerk of
the court where the budgets of the political subdivisions separately
identify those services, and commissioners of jurors and their staffs
where separate from the county clerks, or, of not so separate, where the
budgets of the political subdivisions separately identify that function.
2. Notwithstanding any other provision of law, the allocation of costs
of the courts and court-related agencies set forth in subdivision one of
this section to each political subdivision shall be as follows:
(a) Effective for the state fiscal year beginning April first,
nineteen hundred seventy-nine, the state comptroller shall deduct from
any moneys payable to each such political subdivision from the local
assistance account twenty-five percent of the amount set forth in column
A. In the event that the judiciary budget adopted for the fiscal year
beginning April first, nineteen hundred seventy-nine includes an
allocation for any political subdivision that is less than the
appropriated budget used to calculate column A, then the deduction to
the locality shall be proportionately reduced. The amount to be deducted
pursuant to this paragraph, as reduced pursuant to the provisions of
this subdivision or any other provision of law, shall be deducted
pursuant to a plan prepared by the state comptroller with the approval
of the state director of the budget. Such plan shall, to the extent
practicable, provide for the amount of such deductions to coincide with
the state first instance payments for the expenses enumerated in
subdivision one of this section. In lieu of deducting such amount from
moneys payable from the local assistance account, the plan prepared by
the state comptroller with the approval of the state director of the
budget may provide for the rendering of monthly or bi-monthly statements
requiring the payment of fractional portions of such amount, and may
provide for the payment of interest at a rate to be fixed by the state
comptroller, not to exceed six percent per annum, in the event payment
shall not be made at the time and in the amount prescribed therein.
NetLocal
Commitment
Sub-parg. Column A
_________ __________
1. Albany Co. 1,070,972
2. Allegany Co. 163,292
3. Broome Co. 631,332
4. Cattaraugus Co. 283,404
5. Cayuga Co. 276,422
6. Chautauqua Co. 505,825
7. Chemung Co. 417,520
8. Chenango Co. 163,660
9. Clinton Co. 375,908
10. Columbia Co. 218,664
11. Cortland Co. 136,530
12. Delaware Co. 132,998
13. Dutchess Co. 1,306,400
14. Erie Co. 4,477,957
15. Essex Co. 185,590
16. Franklin Co. 227,027
17. Fulton Co. 353,064
18. Genesee Co. 293,468
19. Greene Co. 209,268
20. Hamilton Co. 64,839
21. Herkimer Co. 235,259
22. Jefferson Co. 351,634
23. Lewis Co. 103,147
24. Livingston Co. 176,190
25. Madison Co. 238,472
26. Monroe Co. 3,202,248
27. Montgomery Co. 311,582
28. Nassau Co. 17,989,885
29. Niagara Co. 1,101,979
30. Oneida Co. 971,718
31. Onondaga Co. 1,899,769
32. Ontario Co. 338,318
33. Orange Co. 1,271,126
34. Orleans Co. 133,546
35. Oswego Co. 499,791
36. Otsego Co. 221,928
37. Putnam Co. 274,839
38. Rensselaer Co. 584,464
39. Rockland Co. 1,385,788
40. St. Lawrence Co. 444,423
41. Saratoga Co. 445,098
42. Schenectady Co. 650,378
43. Schoharie Co. 120,366
44. Schuyler Co. 69,832
45. Seneca County 147,571
46. Steuben Co. 377,784
47. Suffolk Co. 12,667,065
48. Sullivan Co. 391,361
49. Tioga Co. 136,855
50. Tompkins Co. 291,294
51. Ulster Co. 569,779
52. Warren Co. 323,586
53. Washington Co. 245,885
54. Wayne Co. 281,637
55. Westchester Co. 4,855,637
56. Wyoming Co. 172,799
57. Yates Co. 99,050
58. City of Albany 312,321
59. City of Binghamton 208,564
60. City of Buffalo 1,297,555
61. City of Mt. Vernon 330,491
62. City of New Rochelle 300,473
63. City of New York 81,528,585
64. City of Niagara Falls 252,006
65. City of Rochester 902,475
66. City of Rome 82,972
67. City of Schenectady 152,607
68. City of Syracuse 712,583
69. City of Troy 158,576
70. City of Utica 264,612
71. City of White Plains 311,387
72. City of Yonkers 759,013
73. City of Amsterdam 37,126
74. City of Auburn 62,938
75. City of Batavia 38,790
76. City of Beacon 24,085
77. City of Canandaigua 35,301
78. City of Cohoes 38,892
79. City of Corning 23,067
80. City of Cortland 39,104
81. City of Dunkirk 54,523
82. City of Elmira 107,398
83. City of Fulton 31,947
84. City of Geneva 34,909
85. City of Glen Cove 87,917
86. City of Glens Falls 58,427
87. City of Gloversville 32,404
88. City of Hornell 30,769
89. City of Hudson 15,934
90. City of Ithaca 106,175
91. City of Jamestown 75,074
92. City of Johnstown 28,346
93. City of Kingston 46,983
94. City of Lackawanna 94,215
95. City of Little Falls 18,583
96. City of Lockport 67,567
97. City of Long Beach 222,129
98. City of Mechanicville 20,935
99. City of Middletown 62,970
100. City of Newburgh 85,009
101. City of North Tonawanda 88,793
102. City of Norwich 28,893
103. City of Ogdensburg 54,133
104. City of Olean 43,699
105. City of Oneida 25,331
106. City of Oneonta 46,804
107. City of Oswego 57,552
108. City of Peekskill 92,493
109. City of Plattsburgh 39,544
110. City of Port Jervis 33,701
111. City of Poughkeepsie 92,647
112. City of Rensselaer 22,920
113. City of Rye 42,620
114. City of Salamanca 16,719
115. City of Saratoga Springs 67,444
116. City of Sherrill 6,643
117. City of Tonawanda 71,307
118. City of Watertown 120,076
119. City of Watervliet 21,274
(a-1) (i) Effective for each state fiscal year beginning April first,
nineteen hundred ninety-five, the state comptroller shall, on or before
the end of that fiscal year: (1) deduct from any moneys payable to the
city of New York from the local assistance account as per capita state
aid for the support of local government pursuant to section fifty-four
of the state finance law the amount certified to him or her by the chief
administrator of the courts immediately following the close of such
fiscal year pursuant to subparagraph (ii) of this paragraph, and (2)
transfer the amount of such deduction from the local assistance account
to the New York city county clerks' operations offset fund. (ii) On or
before March first in each year commencing with March first, nineteen
hundred ninety-six, the chief administrator shall determine and certify
to the comptroller the difference between (1) the amount of the
disbursements under the judiciary budget made during the fiscal year
ending the previous March thirty-first for the payment of services and
expenses incurred in that fiscal year by the offices of the county
clerks of the city of New York, excluding services and expenses incurred
by those offices in discharge of a county clerk's powers and duties as
commissioner of jurors, and (2) the aggregate receipts derived by the
state from the fees specified in paragraphs one and two of subdivision
(f) of section eight thousand twenty and section eight thousand
twenty-one of the civil practice law and rules during the fiscal year
commencing April first, nineteen hundred ninety. (iii) On or before
March first, nineteen hundred ninety-seven, and each March first
thereafter, the chief administrator shall determine the actual
difference between (1) the amount of the disbursements under the
judiciary budget made during the fiscal year ending the previous March
thirty-first for the payment of services and expenses incurred in that
fiscal year by the offices of the county clerks of the city of New York,
excluding services and expenses incurred by those offices in discharge
of a county clerk's powers and duties as commissioner of jurors and (2)
the aggregate receipts derived from the state from the fees specified in
paragraphs one and two of subdivision (f) of section eight thousand
twenty and section eight thousand twenty-one of the civil practice law
and rules during the preceding fiscal year. The chief administrator
shall compare this actual amount of difference with the projected amount
of difference calculated pursuant to subparagraph (ii) of this paragraph
and certify the difference between the two amounts to the comptroller.
Such amount shall be added to, or deleted from, as the case may be, the
amount of the deduction made from state per capita aid payments to the
city of New York pursuant to subparagraph (i) of this paragraph.
(b) To the extent the moneys so estimated by the state comptroller
with the approval of the state director of the budget to be payable to
such political subdivision from the local assistance fund during any
state fiscal year are insufficient to provide for the deduction of the
amount required to be deducted pursuant to this subdivision, each such
political subdivision shall pay on a monthly basis to the commissioner
of taxation and finance an amount determined by the state comptroller
and the state director of the budget to provide for payment of the
amount by which the estimated moneys payable to such political
subdivision is insufficient. The amount of such payments may be adjusted
from time to time as the estimate of moneys payable to such political
subdivision is adjusted.
(c) For the state fiscal year commencing April first, nineteen hundred
seventy-nine, each political subdivision shall repay to the State of New
York an amount equal to twenty-five precent of its portion of the amount
appropriated in the first instance from the state purposes fund to the
judiciary for the state fiscal year commencing April first, nineteen
hundred seventy-six, as determined by the state department of taxation
and finance.
(d) Except as provided in subdivision three of this section, the
allocation of costs to each political subdivision for its share of the
expenses of the courts and court related agencies of the unified court
system set forth in subdivision one of this section shall be determined
by law for the fiscal year commencing April first, nineteen hundred
seventy-nine, and no allocation of such costs to political subdivisions
shall be made for any fiscal year commencing on or after April first,
nineteen hundred eighty.
(e) All fees collected pursuant to sections eighteen hundred three,
eighteen hundred three-A and nineteen hundred eleven of the New York
city civil court act, all fees collected pursuant to state law by the
county clerks in the city of New York, except as otherwise provided
herein with respect to fees collected pursuant to subdivision (a) of
section eight thousand eighteen of the civil practice law and rules and
except those fees collected by the clerk of Richmond county which in the
other counties of the city of New York are collected by the city
registers, all fees collected pursuant to section eight thousand
eighteen of the civil practice law and rules except only to the extent
of one hundred sixty-five dollars of any fee collected pursuant to
subdivision (a) of such section and except for those collected pursuant
to paragraph three of such subdivision (a), all fees collected pursuant
to section eight thousand twenty of the civil practice law and rules
except for those collected pursuant to subdivisions (f), (g) and (h) of
said section, all fees collected pursuant to section eight thousand
twenty-two of the civil practice law and rules, all fees collected
pursuant to section twenty-four hundred two of the surrogate's court
procedure act, all fees collected pursuant to section eighteen hundred
three, eighteen hundred three-A and subdivision (a) of section nineteen
hundred eleven of the uniform district court act, all fees collected
pursuant to section eighteen hundred three, eighteen hundred three-A and
subdivision (a) of section nineteen hundred eleven of the uniform city
court act and all fines, penalties and forfeitures collected pursuant to
subdivision eight of section eighteen hundred three of the vehicle and
traffic law, except such fines, penalties and forfeitures collected by
the Nassau county traffic and parking violations agency, section 71-0211
of the environmental conservation law, section two hundred one of the
navigation law and subdivision one of section 27.13 of the parks,
recreation and historic preservation law shall be paid to the state
commissioner of taxation and finance on a monthly basis no later than
ten days after the last day of each month. The additional fee of five
dollars collected by county clerks in New York city pursuant to
paragraph three of subdivision (a) of section eight thousand eighteen of
the civil practice law and rules shall be distributed monthly by the
county clerks as follows: four dollars and seventy-five cents to the
commissioner of education for deposit into the local government records
management improvement funds; and twenty-five cents to the city of New
York.
(f) Effective April first, nineteen hundred seventy-seven, the state
shall no longer make any payments pursuant to section thirty-four-a of
this chapter nor any payments pursuant to section ninety-nine-l of the
general municipal law for matters handled by the criminal court of the
city of New York, the district courts and city courts.
(g) The amounts to be deducted from the local assistance fund and to
be paid by political subdivisions to the state of New York, and the fees
to be paid to the state commissioner of taxation and finance pursuant to
paragraphs (a), (b), (c) and (e) of subdivision two of this section are
hereby made available for the reimbursement of expenditures made by the
judiciary in the first instance from state purposes appropriations
authorized by subdivision one of this section.
Notwithstanding any other provision of law, the comptroller is hereby
authorized to repay from such amounts and such fees the expenditures
made by the judiciary in the first instance from state purposes
appropriations authorized by subdivision one of this section.
3. (a) Notwithstanding any other provision of law, all goods, services
and facilities presently furnished and paid for by any political
subdivision to the courts and court-related agencies affected by this
section not included in that portion of the budget of the political
subdivision used in the computation of the amounts set forth in
subdivision two of this section, shall continue to be furnished and paid
for by the political subdivision. Each political subdivision shall also
be responsible for supplying such additional facilities suitable and
sufficient for the transaction of business as may become needed after
the effective date of this subdivision. In the event that a political
subdivision during any state fiscal year ceases to provide any such
goods, services and facilities, the state administrator shall determine
the value of such goods, services and facilities and shall notify the
state comptroller of such determination. During each state fiscal year
in which a political subdivision ceases to provide such goods, services
and facilities, an amount equal to the value of such services shall be
deducted by the state comptroller from any moneys payable to such
political subdivision from the local assistance fund. All federal moneys
allocated as of March thirty-first, nineteen hundred seventy-seven by
any political subdivision for goods, services or facilities in the
courts or court-related agencies affected by this section shall continue
to be so allocated for as long as those federal moneys remain available
to that political subdivision, except that, if the federal moneys
granted to the political subdivision from which such goods, services or
facilities are provided are reduced below the amount granted as of March
thirty-first, nineteen hundred seventy-seven, the political subdivision
may make a proportionate reduction in the federal moneys allocated for
such goods, services or facilities.
(b) Political subdivisions which provide security services for the
courts, the cost of which is not included in that portion of the budget
of the political subdivision used in the computation of the amounts set
forth in column A in paragraph (a) of subdivision two of this section
shall be entitled to reimbursement by the state within the amounts
appropriated to the administrative office for the courts for that
purpose.
(c) All employees providing goods and services pursuant to this
subdivision shall remain the employees of the political subdivision. All
deputy sheriffs or police officers providing security services in the
courts shall be deemed persons providing services pursuant to this
subdivision.
4. In preparing and submitting to the administrative board the
itemized estimates of the annual financial needs of the courts and
court-related agencies set forth in subdivision one of this section, the
state administrator shall consider the relative caseloads of such courts
and agencies in the event that increases in such itemized estimates are
proposed for inclusion in the judiciary budget submission to the
legislature.
5. The state administrator shall render an annual statement of the
amount determined pursuant to paragraph (c) of subdivision two of this
section to each political subdivision on or about the fifteenth day of
September of each year. The amount set forth in such statement shall be
paid to the state commissioner of taxation and finance by the city of
New York no more than thirty days after receipt thereof and by all other
political subdivisions on or before the thirty-first of January of the
following year. In the event that any political subdivision fails to
remit a payment due at the time specified herein, the comptroller shall
withhold payments of installments or quarterly payments of state
assistance due such political subdivision pursuant to the provisions of
article four-a of the state finance law until the indebtedness due from
such political subdivision pursuant to this subdivision shall be paid in
full or until the installments or quarterly payments of such state
assistance or portions thereof so withheld shall equal the amount so due
from the political subdivision pursuant to this subdivision.
6. Notwithstanding any other provision of law, and except as provided
in paragraph (c) of subdivision three of this section, commencing April
first, nineteen hundred seventy-seven all justices, judges, and
nonjudicial officers and employees of the courts and court-related
agencies of the unified court system set forth in subdivision one of
this section shall be employees of the state of New York and the
salaries, wages, hours and other terms and conditions of their
employment shall be determined in accordance with the provisions of this
section.
(a) Such justices, judges, and nonjudicial officers and employees
shall be placed on the payroll of the state of New York and shall be
entitled to the salaries, wages, hours and other terms and conditions of
employment to which they were entitled pursuant to any law or contract
in effect immediately prior to the effective date hereof, except that
they shall receive the rates of reimbursement for travel and lodging
expenses provided by the state to state-paid nonjudicial officers and
employees of the unified court system not affected by this paragraph,
provided, however, that where an agreement has expired with no successor
contract yet having been executed prior to the effective date hereof a
contract subsequently executed and retroactive to the expiration of such
predecessor contract shall be controlling. Such salaries, wages, hours
and other terms and conditions of employment shall continue in effect
until altered by state law or by the terms of a successor contract,
except that salaries, wages, hours and other terms and conditions of
employment of such nonjudicial officers and employees not provided
pursuant to contract and hours and other terms and conditions of
employment of justices and judges may be altered by administrative
action in accordance with law. Provided, however, that no liability
shall be deemed to accrue to the state as result of any such law or
contract for any period prior to April first, nineteen hundred
seventy-seven.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
every local law enacted, contract entered into or action taken by a
political subdivision or other instrumentality of the state on or after
the effective date of this paragraph with respect to the terms or
conditions of employment of any such justice, judge, non-judicial
officer or employee shall be subject to the prior approval of the
administrative board of the judicial conference. Provided, however, that
any such local law, contract or action affecting any such justice,
judge, non-judicial officer or employee of any court of the unified
court system located in a city for which an emergency financial control
board has been created shall be subject only to the prior approval of
such emergency financial control board.
(c) For the purposes of this section, the term "salary" shall mean the
annual salary otherwise payable to any judge, justice or nonjudicial
officer or employee to whom the provisions of this section are
applicable, exclusive of overtime compensation and any allowance in lieu
of maintenance. The salary of the incumbent of a position compensable on
an hourly or per diem basis, or on any basis other than at an annual
salary rate, shall be deemed to be the salary which would otherwise be
payable if the services were required on a full time annual basis for
the number of hours per day and days per week established by law or
administrative rules or orders for regular full-time employees.
(d) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and
court-related agencies of the unified court system who becomes an
employee of the state of New York pursuant to this subdivision may, at
the option of such officer or employee, be credited with sick leave
earned and accumulated but unused at the time he becomes a state
employee, but not in excess of two hundred days and shall be credited
with vacation leave earned and accumulated but unused at the time he
becomes a state employee, but not in excess of forty days.
Notwithstanding the foregoing, such nonjudicial officer or employee,
with the approval of the state administrator, may elect at any time to
be credited with additional sick leave credits by the state, to the
extent such credits were earned prior to April first, nineteen hundred
seventy-seven and not already so credited pursuant to this subparagraph
(i); in such event, such sick leave credits shall not be available for
the purposes of subparagraph (iii) of this paragraph. The state shall
not award credit or compensation for any other time or leave credits,
and shall not be liable for any terminal leave benefits based upon time
or leave credits earned prior to April first, nineteen hundred
seventy-seven.
(ii) Every such nonjudicial officer or employee shall be entitled to
receive payments for time or leave credits, other than sick leave or
terminal leave, attributable to service rendered prior to April first,
nineteen hundred seventy-seven, and not transferred to the state
pursuant to subparagraph (i), which payments such nonjudicial officer or
employee would otherwise have received from the political subdivision
had he been involuntarily terminated without fault from the employ of
the political subdivision on March thirty-first, nineteen hundred
seventy-seven. Such credits shall be payable in cash before July first,
nineteen hundred seventy-seven, if such credits would have been so
payable by the political subdivision or if such officer or employee
would otherwise have been retained on the payroll of the political
subdivision until any such credits had been exhausted.
(iii) At the time of retirement or any other permanent separation
without fault from the employment of the state, any such nonjudicial
officer or employee shall be entitled to receive from the political
subdivision payments for terminal leave based upon any time and leave
credits accrued before April first, nineteen hundred seventy-seven, and
not transferred to the state pursuant to subparagraph (i) nor used in
the computation of any award of compensation pursuant to subparagraph
(ii) of this paragraph, which payments such nonjudicial officer or
employee would otherwise have received from the political subdivision
had he retired or separated from the service of the political
subdivision on March thirty-first, nineteen hundred seventy-seven. If
such officer or employee retires, such entitlement shall include
payments he would have received from the political subdivision as if he
had been eligible to retire and as if he had retired on March
thirty-first, nineteen hundred seventy-seven. Any nonjudicial officer or
employee who retires or is separated from service after March
thirty-first, nineteen hundred seventy-seven, who is not entitled to
receive payment hereunder solely because of insufficient service with
the political subdivision prior to April first, nineteen hundred
seventy-seven, shall receive from the political subdivision pro rata
payments based upon such nonjudicial officer or employee's time and
service with such local subdivision provided he is otherwise entitled to
receive such payments based upon his combined service with the political
subdivision and the state pursuant to a collective bargaining agreement
negotiated with the state. Such credits shall be payable in cash if such
credits would have been so payable by the political subdivision or if
such officer or employee would otherwise have been retained on the
payroll of the political subdivision until any such credits had been
exhausted.
(e) (i) Notwithstanding any other provision of law, all justices,
judges and nonjudicial officers and employees of the courts and
court-related agencies of the unified court system who became employees
of the state of New York pursuant to this subdivision shall receive
insurance benefits as set forth in this paragraph. Such justices, judges
and nonjudicial officers or employees may elect to receive all of the
insurance benefits provided by the state to state-paid justices, judges
and nonjudicial officers and employees of the unified court system
immediately prior to the effective date hereof. If such election is not
made, such justices, judges and nonjudicial officers and employees shall
be entitled to receive the insurance benefits to which they were
entitled pursuant to any law or contract in effect immediately prior to
the effective date hereof, in which case the political subdivision from
which such justices, judges and nonjudicial officers and employees were
entitled to receive insurance benefits shall continue to provide such
insurance coverage and such justices, judges and nonjudicial officers
and employees shall be deemed employees of the political subdivisions
for purposes of receiving such insurance coverage and for the processing
of claims thereunder. The state shall reimburse each political
subdivision for the amount of premiums paid pursuant to this paragraph
or, in the case of self-insurance, for the cost of the benefit paid by
the political subdivision. Insurance benefits provided pursuant to this
paragraph shall continue in effect until altered by law, administrative
action in accordance with law, or, for those officers and employees
receiving insurance benefits pursuant to contract, by the terms of a
successor contract. Nothing in this paragraph shall preclude the state
from enrolling any such justice, judge or nonjudicial officer or
employee in the state insurance plan upon his withdrawal from the
insurance plan paid for by the political subdivision pursuant to this
paragraph. Notwithstanding any other provision of this chapter, all
justices, judges and nonjudicial officers and employees of the eleventh
judicial district shall have the same dual insurance coverage,
consisting of the state insurance plan and the insurance plan paid for
by the political subdivision pursuant to this paragraph, which is
provided to the justices, judges and nonjudicial officers and employees
of the first and second judicial districts.
(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, all state-paid justices and judges and all state-paid
nonjudicial officers and employees of the unified court system not in
any collective negotiating unit established pursuant to article fourteen
of the civil service law who, on the day immediately preceding the
effective date of this subparagraph, are enrolled in a health insurance
plan paid for by a political subdivision, shall be deemed withdrawn
therefrom and shall exclusively be enrolled in the state health
insurance plan.
(f) All monetary contributions made by a political subdivision prior
to April first, nineteen hundred seventy-seven on behalf of an
individual justice, judge or nonjudicial officer or employee to a
welfare fund administered by an employee organization or by a political
subdivision shall, commencing April first, nineteen hundred
seventy-seven, be paid by the state.
(g) Each political subdivision shall be liable for the satisfaction of
any claims by any officer or employee arising out of the terms and
conditions of his employment prior to the date on which such officer or
employee became a state employee pursuant to this subdivision.
7. Upon the termination of the period of unchallenged representation
of any employee organization certified or recognized to represent
employees of the courts or court related agencies of the unified court
system, petitions may be filed with the public employment relations
board to alter negotiating units in accordance with the standards set
forth in section two hundred seven of the civil service law; provided,
however, that such board shall not alter any such negotiating unit
comprised exclusively of such employees or that part of any other
negotiating unit comprised of such employees. The provisions of this
subdivision shall be applicable in any case in which the negotiating
unit is so defined on the effective date of this subdivision in
accordance with the provisions of either section two hundred seven or
section two hundred twelve of the civil service law, as the case may be.
Nothing herein shall preclude the merger of negotiating units of such
employees with the consent of the administrative board of the judicial
conference and the recognized or certified representatives of the
negotiating units involved.
8. (a) The administrative board of the judicial conference shall adopt
a classification structure for all non-judicial officers and employees
who become employees of the state of New York pursuant to this section
which shall provide for the classification of positions in accordance
with duties required to be performed in title in these positions and in
accordance with the responsibilities of the position and the volume of
work in the court or court-related agency in which the position exists.
Nothing in this section shall prohibit the subsequent restructuring of
the classification and duties of employees in accordance with the rules
of the administrative board. The administrative board in accordance with
section two hundred nineteen of this article shall determine,
retroactive to April first, nineteen hundred seventy-seven, the salary
grade of each employee who becomes an employee of the state of New York
pursuant to this section; provided, however, nothing herein contained
shall be deemed to diminish: (i) the right of any employee organization
to negotiate wages or salaries pursuant to article fourteen of the civil
service law, or; (ii) the right of any employee to receive wages or
salaries pursuant to subdivision six of this section. Notwithstanding
any other provision of law, an application to the public employment
relations board seeking a designation by the board that certain persons
are managerial or confidential may be filed at any time before April
first, nineteen hundred seventy-eight, and thereafter pursuant to the
provisions of the civil service law.
(b) A nonjudicial officer or employee whose position is allocated to a
salary grade pursuant to paragraph (a) of this subdivision shall be
placed into that salary grade at the salary received by such officer or
employee immediately prior to said allocation or at the minimum of that
grade, whichever is higher. The salary of such officer or employee
within such salary grade, as determined by this paragraph, shall
establish the increment step into which the employee shall be placed and
shall determine the number of years of service to be credited within
such salary grade as of April first, nineteen hundred seventy-seven, for
the purpose of computing future increments. Each employee shall
thereafter receive increment credit for each subsequent year of service
in such position up to the maximum prescribed by section two hundred
nineteen of this article.
9. (a) On and after the effective date of this paragraph all justices,
judges and nonjudicial officers and employees of the courts and
court-related agencies of the unified court system set forth in
subdivision one who become employees of the state pursuant to
subdivision six of this section shall thereupon become members of the
New York state employees retirement system to the extent permitted or
required by the provisions of the retirement and social security law,
and the reserves in any other retirement system shall be transferred to
the New York state employees retirement system without any request by
them or any notice to the retirement systems, except that: (1) any such
justice, judge or nonjudicial officer or employee who is a member of the
New York city employees' retirement system or the New York city
teachers' retirement system may elect to continue membership in the New
York city employees' retirement system or the New York city teachers'
retirement system, as the case may be, and (2) any justice or judge who
is a member of both the New York city employees' retirement system and
the New York state employees' retirement system may elect to continue
membership in the New York city employees' retirement system and to
discontinue membership in the New York state employees' retirement
system. Any election pursuant to this paragraph shall be made no later
than the ninetieth day next succeeding the date on which the provisions
hereof become effective, by filing a written notice thereof with the
administrative head of the New York state employees' retirement system
and the New York city employees' retirement system or the New York city
teachers' retirement system and, once made and filed, shall be
irrevocable. Upon the retirement of a justice, judge or nonjudicial
officer or employee who has made such an election, the calculation of
final average salary by the New York city employees' retirement system
or the New York city teachers' retirement system shall be performed as
if the salary earned as a state employee on and after such effectiveness
were earned in New York city employment. In the case of a justice, judge
or nonjudicial officer or employee who remains or becomes a member of
the New York state employees' retirement system pursuant to this
paragraph, the New York city employees' retirement system or the New
York city teachers' retirement system shall make a transfer of reserves,
contributions and credits to the New York state employees' retirement
system, in the manner required by section forty-three of the retirement
and social security law. In the case of an election to continue in the
New York city employees' retirement system by a justice or judge who is
a member of both retirement systems, the New York state employees'
retirement system shall make a transfer of reserves, contributions and
credits to the New York city employees' retirement system, in the manner
provided by section forty-three of such law.
(b) The comptroller of the city of New York shall certify to the state
administrator the amount of money required to be paid by the state of
New York for pension costs resulting from elections made pursuant to
paragraph (a) of this subdivision. The comptroller of the state of New
York shall pay to the New York city employees' retirement system or the
New York city teachers' retirement system, upon approval by the state
administrator, the amounts so certified by the comptroller of the city
of New York. The comptroller of the city of New York shall also certify
to the state administrator the amount of money required to be
contributed by each of such employees. The comptroller of the state of
New York shall be authorized to withhold the contribution of such
employees and pay that amount to the New York city employees' retirement
system or the New York city teachers' retirement system. The amount so
certified pursuant to this paragraph shall be the same as the amounts
required to be contributed for similarly situated city employees by the
city of New York and by employees of the city of New York.
10. (a) Notwithstanding any other provision of law, commencing April
first, nineteen hundred eighty-three, in the event the chief
administrator of the courts, in his sole discretion, determines that
court security services provided by the county of Westchester pursuant
to subdivision three of this section should be provided by employees of
the unified court system: (i) the state shall be responsible for
providing security services to the courts in such county, and (ii) all
permanent officers and employees of the department of public safety
service of such county who provide security services in the courts of
such county pursuant to subdivision three of this section shall be
eligible to become employees of the state of New York upon filing a
notice of state employment election with the chief administrator of the
courts in a manner and form determined by the chief administrator;
provided, however, that such employment shall be subject to acceptance
by the employee of the salary, wages, hours and other terms and
conditions of employment enjoyed by other state employees in the
negotiating unit into which his position is placed.
(b) Each nonjudicial officer and employee who files a notice of state
employment election as provided in paragraph (a) of this subdivision
shall be placed on a payroll of the state of New York in a position
which shall be classified and allocated pursuant to the classification
structure, established by the chief administrator of the courts on May
twenty-eighth, nineteen hundred seventy-nine. The salary of each such
nonjudicial officer and employee shall be his salary on March
thirty-first, nineteen hundred eighty-three, plus such number of
increments equalling his years of permanent service in his county
position on March thirty-first, nineteen hundred eighty-three, not to
exceed the maximum of the salary grade of the position to which he is
allocated hereunder. Eligibility for future increments shall be based
solely upon state service commencing upon the effective date of this
subdivision.
(c) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and court
related agencies of the unified court system who becomes an employee of
the state of New York pursuant to paragraph (a) of this subdivision,
may, at the option of such officer or employee, be credited with sick
leave earned and accumulated but unused at the time he becomes a state
employee, but not in excess of two hundred days and shall be credited
with vacation leave earned and accumulated but unused at the time he
becomes a state employee, but not in excess of forty days. The state
shall not award credit or compensation for any other time or leave
credits and shall not be liable for any terminal leave benefits based
upon time or leave credits earned prior to April first, nineteen hundred
eighty-three.
(ii) Each such nonjudicial officer or employee shall be entitled to
receive payments from the county of Westchester for time or leave
credits, other than sick leave or terminal leave, attributable to
service prior to April first, nineteen hundred eighty-three and not
transferred to the state pursuant to subparagraph (i) of this paragraph,
which payments such nonjudicial officer or employee would otherwise have
received from the county had he been involuntarily terminated without
fault from the employ of the county on March thirty-first, nineteen
hundred eighty-three. Such credits shall be payable in cash before July
first, nineteen hundred eighty-three, if such credits would have been so
payable by the county of Westchester or if such officer or employee
would otherwise have been retained on the payroll of the county until
any such credits have been exhausted.
(iii) At the time of retirement, or any other permanent separation
without fault from the employment of the state, any such nonjudicial
officer or employee shall be entitled to receive from the county of
Westchester payments for terminal leave based upon any time and leave
credits accrued before April first, nineteen hundred eighty-three, and
not transferred to the state pursuant to subparagraph (i) of this
paragraph, which payments such nonjudicial officer or employee would
otherwise have received from the county had he retired or separated from
the service of the county on March thirty-first, nineteen hundred
eighty-three.
(d) Upon the effective date of this subdivision, each officer and
employee who elects to become a state employee pursuant to paragraph (a)
of this subdivision shall have permanent status in his state position
without further examination or qualification. Each officer and employee
having permanent status in a competitive class county position who does
not make such election shall have his name entered upon an appropriate
preferred list for reinstatement to the same or similar positions in the
service of the county of Westchester.
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