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§ 4. Subdivisions 9 and 10 of section 154-b of the civil service law, as added by chapter 510 of the laws of 1986, are amended to read follows:

Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides on behalf of civilian employees in positions serving in the collective negotiating unit. designated the division of military and naval affairs unit, a survivor's benefit for a state employee in a position in such negotiating unit shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five, the result of an accidental on-the-job injury, provided that it is finally determined by the appropriate federal authorities that a public safety officer's death benefit is not payable pursuant to sections three thousand seven hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the United States code, and provided further that a death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the employee's surviving spouse and children who

are designated by the workers' compensation board to receive a death benefit or portion thereof in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the employee is not survived by a spouse or children, the survivor's benefit shall be paid to the estate of the employee. Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit payable on behalf of such employee except that such benefit shall not be payable if a public safety officer's death benefit is payable pursuant to sections three thousand

hundred ninety-six through three thousand seven hundred ninety-six-c of title forty-two of the Unites* States code.

10. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and such employee organization entered into pursuant to article fourteen of this chapter so provides, the state shall'establish a special education fund to provide the child children as designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law of such employees for whom a survivor's benefit is paid pursuant to subdivision nine of this section with full tuition [to attend a college or university which

is part of the state] up to the amount charged for an undergraduate college or university by the state university of New York to attend any accredited college university within this state provided, however, such child or children as so designated meet the entrance requirements of such college or university. The special education fund shall be funded at a level and for the period of time as determined by such

agreement and any

interest other earnings attributable to the money held in such fund shall be utilized with such money for the purpose set forth in this subdivision.

§ 5. Subdivisions 12-d and 12-e of section 8 of the state finance law, as amended by chapter 582 of the laws of 1988, are amended to

read follows: 12-d. Notwithstanding any

inconsistent provision of the court of claims act, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency, other than a department or agency specified in subdivision twelve of this section, for personal property of an employee damaged or destroyed in the course of the performance of official duties without fault on his part by an inmate, patient or

client of such department or agency after March thirty-first, nineteen hundred [eighty-eight] ninety-one and

prior to April' first, nineteen hundred [ninety-one) ninety-five, provided no such clain may be certified for payment to an officer or employee who is in a collective negotiating unit until the director of employee relations shall deliver to the comptroller a certificate that there is in effect with respect to such negotiating unit a written collectively negotiated agreement with the state pursuant to article fourteen of the civil service law which provides therefor. Payment of any such claim shall not exceed the sum of three hundred dollars. No person submitting, claim under this paragraph shall have any claim for damages to such personal

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property approved pursuant to the provision of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law.

12-e, Notwithstanding any inconsistent provision of the court of claims act, where, and to the extent that, agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law on behalf of officers and employees serving in positions in the administrative services unit, institutional services unit and operational services unit so provides, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency for personal property of officer or employee damaged destroyed in the actual performance of official duties without fault or negligence of the officer or employee other than a claim specified and covered by subdivision twelve or twelve-d of this section after March thirty-first, nineteen hundred [eighty-eight] ninety-one and before April first, nineteen hundred [ninety-one) ninetyfive. Payment of such claim shall not exceed the sum of three hundred fifty dollars for employees in the operational services unit and two hundred fifty dollars for employees in the institutional services unit and administrative services unit. Where an agreement between the state and such employee organization entered into pursuant to article fourteen of the civil service law provides for payment to be made to officers and employees by a state department or agency, such payments for claims not in excess of seventy-five dollars may be made from a petty cash account established pursuant to section one hundred fifteen of this chapter and in the manner prescribed therein and pursuant to regulations of the comptroller. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provisions of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law.

§ 6. Section 209-a of the state finance law, as amended by chapter 732 of the laws of 1988, is amended to read as follows:

§ 209-a. Workers' compensation supplementation allowance. 1. Notwithstanding any other law, rule or regulation to the contrary, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law on behalf of employees in a collective negotiating unit established pursuant to article fourteen of the civil service law provides for the payment of a supplement to the workers' compensation award, such supplement shall be paid in accordance with such agreement. Officers and employees serving in positions in the executive branch which are designated managerial or confidential pursuant to article fourteen of the civil service law, civilian state employees of the division of military and naval affairs of the executive department whose positions

not in, or are excluded from representation rights in any recognized or certified negotiating unit, those excluded from representation rights under article fourteen of the civil service law pursuant to rules and regulations of the public employment relations board and officers and employees of the legislature shall receive a supplement to the workers' compensation award provided, however, that officers and employees serying in positions in the executive branch which are designated managerial or confidential pursuant to article fourteen of the civil service civilian state employees of the division of military and naval affairs of the executive department whose positions are not in, or are excluded from representation rights in any recognized or certified negotiating unit and those excluded from representation rights under article fourteen of the civil service law pursuant to rules and regulations of the public employment relations board shall receive such supplement only with respect to

absence resulting from an occupational in jury or disease occurring on or before June thirtieth, nineteen hundred ninetytwo. Such supplement shall be paid in accordance with rules and regulations to be promulgated by the president of the civil service commission.

For the sole purpose of retirement credit, retirement contribution and final average salary under the retirement and social security law, an employee's compensation for the period during which he or she receives such supplement and such award shall be deemed to be the full compensation or salary such employee would have earned or been entitled to receive had he or she not received the workers' compensation benefit provided by such agreement. During the period of time an employee receives payment of such supplement and

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such employee shall be deemed on the payroll in full status for those purposes provided for in such agreement.

2. Notwithstanding any other law, rule or regulation to the contrary, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law on behalf of employees in a collective negotiating unit

established pursuant to article fourteen of the civil service law so provides, an employee placed on an authorized leave without pay during the

course of an absence resulting from an occupational in jury or disease found to be compensable by the workers' compensation board shall be deemed to be on the payroll at such employee's prevailing rate of annual compensation for the purpose of retirement credit and employer contributions to the retirement system. Officers and employees serving in positions in the executive branch which

are

designated managerial confidential pursuant to article fourteen of the civil service law, civilian state employees of the division of military and naval affairs of the executive department whose positions are not in, or are excluded from representation rights in any recognized certified negotiating unit and those excluded from representation rights under article fourteen of the civil service law pursuant to rules and regulations of the public employment relations board who are placed on an authorized leave without pay during the course of an absence resulting from оссира tional injury or disease found to be compensable by the workers' compensation board occurring on or after July first, nineteen hundred ninetytwo, shall be deemed to be the payroll at such officer's or employee's prevailing rate of compensation for the purpose of retirement credit and employer contributions to the retirement system. Any employee contribution relating to the retirement credit provided by this subdivision shall be paid directly by such employee to the retirement system pursuant to the rules and regulations of the comptroller. The retirement credit provided by this subdivision shall only apply to a period of authorized leave without pay occurring during the first twelve months of absence related to such occupational in jury or disease.

§ 7. Compensation for certain state officers and employees in collective negotiating units. 1. The provisions of this section shall apply to full-time officers and employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, and the division of military and naval affairs unit established pursuant to article 14 of the civil service law.

2. Officers and employees to whom the provisions of this section apply who, during the period beginning April 1, 1991, and ending March 31, 1992, completed one year of service in full-time employment status at a basić annual salary rate that was below the job rate of their salary grade whose „performance during such year of service was rated at least

satisfactory" or its equivalent, shall be entitled to non-recurring lump sum payment in accordance with the terms of the agreements between the state and an employee organization reached pursuant to article 14 of the civil service law. Such payment shall be in an amount equal to the additional salary such officer or employee would have received as an increment advance beginning on the first day of the payroll period following such officer's or employee's anniversary date, occurring on or after April 1, 1991, and ending March 31, 1992. Such payment shall be made as soon as practicable after enactment of this act and shall be in addition to and shall not be a part of the employee's basic salary, provided, however, that any amounts payable pursuant to this subdivision shall be included

compensation for retirement purposes. Notwithstanding the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who separate from service prior to such payment or who are on a' leave of absence when such payment occurs shall receive such lump sum payment.

3. Notwithstanding any law to the contrary, if the basic annual salary of an officer or employee to whom the provisions of this section apply was identical with the job rate, longevity step one or longevity step two of the salary grade of his or her position on March 31, 1992, such basic annual salary shall be increased to the job rate, longevity step one or longevity step two of such salary grade as contained in subparagraph 1 of paragraph a of subdivision 1 of section 130 of the civil service law, as added by section one of this act, to take effect on April EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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1, 1992, provided, however, that no such officer or employee shall have his or her basic annual salary decreased by operation of this subdivision and any officer or employee whose basic salary would have otherwise been decreased by operation of this subdivision shall receive the basic annual salary to which he or she was entitled on March 31, 1992 until April 1, 1993.

4. Effective April 1, 1993, the basic annual salary of officers and employees in full-time employment status on March 31, 1993, shall be increased by four percent adjusted to a whole dollar amount in accordance with the terms of the agreements between the state and an employee organization reached pursuant to article 14 of the civil service law.

5. Officers and employees to whom the provisions of this section apply who are in full-time employment status on January 28, 1993 and on March 24, 1993 for officers and employees on the administrative payroll and on February 4, 1993 and on March 31, 1993 for officers and employees on the institutional payroll shall be entitled to a non-recurring lump sum payment. Such payment shall be in an amount equal to such officer's or employee's basic annual salary on March 31, 1993 multiplied by six thousand one hundred thirty-seven ten thousandths of a percent, provided, however, that such payment shall be prorated based upon the number of days in full-time employment status during the period between and including the applicable eligibility dates for any such officer or employee who is not in full-time employment status at any time during the period between the applicable eligibility dates. Such payment shall be made during December, 1993 and shall not be a part of such officer's or employee's basic salary, provided, however, that any amounts payable pursuant to this subdivision shall be included

compensation for retirement purposes. Notwithstanding the foregoing, provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who were not in full-time employment status on January 28, 1993 and March 24, 1993 for officers and employees on the administrative payroll or on February 4, 1993 and April 1,' 1993 for officers and employees on the institutional payroll as a résult of an authorized leave without pay or a termination due to the abolition or reduction of positions shall receive such lump sum payment prorated

upon the number of days in full-time employment status during the period between and including the applicable eligibility dates.

6. Effective April 1, 1994, the basic annual salary of officers and employees in full-time employment status on March 31, 1994, shall be increased by four percent adjusted to a whole dollar amount in accordance with the terms of the agreements between the state and an employee

organization reached pursuant to article 14 of the civil service law.

7. Officers and employees to whom the provisions of this section apply who are in full-time employment status on February 10, 1994 and on April 6, 1994 for officers and employees on the administrative payroll and on February 3, 1994 and on March 30, 1994 for officers and employees on the institutional payroll shall bé entitled to a non-recurring lump sum payment. Such payment shall be in an amount equal to such officer's or employee's basic annual salary March 31, 1994 multiplied by six thousand one hundred thirty-seven ten thousandths of a percent, provided, however, that such payment shall be prorated based upon the number of days in full-time employment status during the period between and including the applicable eligibility dates for any such officer or employee who is not in full-time employment status at any time during the period between the applicable eligibility dates. Such payment shall be made no later than September 30, 1994 and shall not be a part of such officer's or employee's basic salary, provided, however amounts payable pursuant to this subdivision shall be included pensation for retirement purposes. Notwithstanding, the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who were not in full-time employment status on February 10, 1994 and April 6, 1994 for officers and employees on the administrative payroll or on February 3 1994 and March 30, 1994 for officers and employees on the institutional payroll as a result of an authorized leave without pay or a termination due to the abolition or reduction of positions shall receive such lump sum payment prorated upon the number of days in full-time employment status during the period between and including the applicable eligibility dates.

8. Effective October 1, 1994 the basic annual salary of officers and employees in full-time employment status on September 30, 1994 shall be increased by a percentage which is that portion of one and one-quarter percent which when applied to a standard base previously increased by

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four percent results in a standard base increased by a total of five and one-quarter percent adjusted to a whole dollar amount in accordance with the terms of the agreements between the state and an employee organization reached pursuant to article 14 of the civil service law.

9. Notwithstanding, the provisions of subdivisions four, six and eight of this section, if the basic annual salary of an officer or employee to whom the provisions of this section apply is identical with the job rate of the salary grade of his or her position on April 1, 1993 such basic annual salary shall be increased to the job rate of such salary, grade as contained in paragraph a of subdivision 1 of section 130

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the civil service law,

added by section one of this act, to take effect on April 1, 1993 and if the basic annual salary of an officer employee to whom the provisions of this section apply is identical with the job rate of the salary grade of his or her position April 1, 1994 October 1, 1994, such basic annual salary shall be increased to the job rate of such salary, grade as contained in paragraph a of subdivision 1 of section 130 of the civil service law, as added by section one of this act, to take effect on the dates specified in such paragraph a as added by this act. The increases in basic annual salary provided by this subdivision shall be in lieu of any

increase in basic annual salary provided for in subdivisions four, six and eight of this section.

10. Advancement within salary grade. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for officers and employees entitled to such payments to whom the provisions of this section apply shall be payable in accordance with the terms of agreement reached pursuant to article

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the civil service law between the state and an employee organization representing employees subject to the provisions of this section.

11. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such position shali be increased by the salary increase amounts specified in this section. If a position is created, and filled by the appointment of an officer or employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner though such position had been in existence but unencumbered. Notwithstanding, the provisions of this section, director of the budget may reduce the salary of any such position which is or becomes vacant.

12. The increases in salary and the lump sum payments payable pursuant to this section shall apply on a prorated basis to officers and employees, otherwise eligible to receive an increase in salary or any such lump sum payment pursuant to this section, who are paid on an hourly per dien basis, employees serving on a part-time or seasonal basis and employees paid on any basis other than at an annual salary rate in cordance with the terms of agreements between the state and employee organizations reached pursuant to article 14 of the civil service law, cept that

the provisions of subdivision ten of this section shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget.

13. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades, increases and payments pursuant

to

subdivision ten of this section in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the director of the budget is authorized to add appropriate adjustments and/or payments to the compensation which such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates which shall contain schedules of positions and the salaries and/or payments thereof for which adjustments and/or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comptroller, the department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

14. Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to officers or employees paid on a fee schedule basis.

15. Notwithstanding any of the foregoing provisions of this section, any increase in compensation may be withheld in whole or in part from any employee to whom the provisions of this section are applicable when, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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