13 PART HHH
14 Section 1. There is hereby established a compensation committee to
15 examine, evaluate and make recommendations with respect to adequate
16 levels of compensation, non-salary benefits, and allowances pursuant to
17 section 5-a of the legislative law, for members of the legislature,
18 statewide elected officials, and those state officers referred to in
19 section 169 of the executive law. The committee shall be comprised of
20 the chief judge of the state of New York, the comptroller of the state
21 of New York, the chairman of the State University of New York board of
22 trustees and 52nd comptroller for the state of New York, the comptroller
23 for the city of New York, and the chairman of the city university of New
24 York board of trustees and 42nd comptroller for the city of New York.
25 § 2. 1. In accordance with the provisions of this act, the committee
26 shall examine the prevailing adequacy of pay levels, allowances pursuant
27 to section 5-a of the legislative law, and other non-salary benefits,
28 for members of the legislature, statewide elected officials, and those
29 state officers referred to in section 169 of the executive law.
30 2. The committee shall determine whether, on January 1, 2019, the
31 annual salary and allowances of members of the legislature, statewide
32 elected officials, and salaries of state officers referred to in section
33 169 of the executive law, warrant an increase.
34 3. In discharging its responsibilities under subdivision two of this
35 section, the committee shall take into account all appropriate factors
36 including, but not limited to: the parties' performance and timely
37 fulfillment of their statutory and Constitutional responsibilities; the
38 overall economic climate; rates of inflation; changes in public-sector
39 spending; the levels of compensation and non-salary benefits received by
40 executive branch officials and legislators of other states and of the
41 federal government; the levels of compensation and non-salary benefits
42 received by comparable professionals in government, academia and private
43 and nonprofit enterprise; the ability to attract talent in competition
44 with comparable private sector positions; and the state's ability to
45 fund increases in compensation and non-salary benefits.
46 4. a. The committee may implement cost-of-living adjustments that
47 apply annually and/or phase-in salary adjustments annually for 3 years,
48 provided that no such adjustment shall be implemented beyond January 1,
49 2021.
50 b. Any phase-in of a salary increase or cost of living adjustment will
51 be conditioned upon performance of the executive and legislative branch
52 and upon the timely legislative passage of the budget for the preceding
53 year.
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1 c. For purposes of paragraph b of this subdivision, the term "legisla-
2 tive passage of the budget" shall have the same meaning as defined in
3 subdivision 3 of section 5 of the legislative law.
4 § 3. 1. The committee shall only meet within the state and must hold
5 at least one hearing at which the public will be afforded an opportunity
6 to provide comments. The committee may hold additional public hearings
7 as it deems necessary. Such additional hearings, if any, may allow for a
8 public comment period.
9 2. The members of the committee shall receive no compensation for
10 their services but shall be allowed their actual and necessary expenses
11 incurred in the performance of their duties hereunder. Nothing
12 contained herein shall prohibit a member of the committee from receiving
13 his or her salary earned by reason of their state employee position. The
14 members of the committee shall perform the duties herein personally, no
15 delegation of authority or attendance is allowed.
16 3. No member of the committee shall be disqualified from holding any
17 other public office or employment, nor shall he or she forfeit any such
18 office or employment by reason of his or her appointment pursuant to
19 this section, notwithstanding the provisions of any general, special or
20 local law, regulation, ordinance or city charter.
21 4. To the maximum extent feasible, the committee shall be entitled to
22 request and receive and shall utilize and be provided with such facili-
23 ties, resources and data of any court, department, division, board,
24 bureau, committee, agency or public authority of the state or any poli-
25 tical subdivision thereof as it may reasonably request to properly carry
26 out its powers and duties pursuant to this act.
27 5. The committee may request, and shall receive, reasonable assistance
28 from state agency personnel as is necessary for the performance of its
29 function.
30 § 4. 1. The committee shall make a report to the governor and the
31 legislature of its findings, conclusions, determinations and recommenda-
32 tions, if any, and should submit such report by December 10, 2018. Any
33 findings, conclusions, determinations and recommendations in the report
34 must be adopted by a majority vote of the committee. Each member of the
35 committee shall report their vote and describe their reasoning for their
36 determination.
37 2. Each recommendation made to implement a determination pursuant to
38 section two of this act shall have the force of law, and shall super-
39 sede, where appropriate, inconsistent provisions of section 169 of the
40 executive law, and sections 5 and 5-a of the legislative law, unless
41 modified or abrogated by statute prior to January first of the year as
42 to which such determination applies to legislative and executive compen-
43 sation.
44 § 5. Date of entitlement to salary increase. Notwithstanding the
45 provisions of this act or of any other law, each phase of an increase in
46 salary or compensation of any member, official, or officer provided for
47 by this act shall be added to the salary or compensation of such member,
48 statewide elected official, or officer at the beginning of that payroll
49 period the first day of which is nearest to, but not prior to, the
50 effective date of such increase as provided in this act. The annual
51 salaries as prescribed pursuant to this act, whenever adjusted pursuant
52 to the provisions of this act, shall be rounded to the nearest multiple
53 of one hundred dollars.
54 § 6. Notwithstanding Part E of chapter 60 of the laws of 2015, the
55 committee established pursuant to this act, while in existence, shall
56 make all determinations of legislative salaries and allowances and sala-
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1 ries of statewide elected officials and those officers referred to in
2 section 169 of the executive law. Upon the repeal of the committee
3 created by this act, the commission established under Part E of chapter
4 60 of the laws of 2015 shall resume its responsibility to review and
5 examine such salaries and allowances in accordance with the terms of
6 such Part E.
7 § 7. This act shall take effect immediately and shall expire and be
8 deemed repealed December 31, 2018; provided, however, any recommenda-
9 tions of the committee that have been determined prior to such date,
10 including 3 annual cost of living or salary adjustments, shall continue
11 to be in effect until amended or repealed by a subsequent recommendation
12 of the commission on legislative, judicial and executive compensation or
13 by passage of a new statute.
©2018 by NYS Compensation Committee 2018