§ 39 — Unified court budget; first instance payments by state; provision for prepayment; payment by localities; transfer of non-judicial personnel

New York § 39

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 2: General Provisions Relating to Courts and Judges

Text

§ 39. Unified court budget; first instance payments by state;\nprovision for prepayment; payment by localities; transfer of\nnon-judicial personnel. 1. Notwithstanding any other provision of law,\nand except as provided in subdivision three of this section the state\nshall pay in the first instance from regular appropriations, beginning\nApril first, nineteen hundred seventy-seven the expenses for the supreme\ncourt and appellate divisions and appellate terms thereof, county\ncourts, family courts, surrogate's courts, civil court of the city of\nNew York, criminal court of the city of New York, district courts, city\ncourts, the county clerks' offices in the city of New York and those\nportions of the county clerks' offices outside the city of New York that\nperform services pursuant to the role of the county clerk as clerk of\nthe court where the budgets of the political subdivisions separately\nidentify those services, and commissioners of jurors and their staffs\nwhere separate from the county clerks, or, of not so separate, where the\nbudgets of the political subdivisions separately identify that function.\n 2. Notwithstanding any other provision of law, the allocation of costs\nof the courts and court-related agencies set forth in subdivision one of\nthis section to each political subdivision shall be as follows:\n (a) Effective for the state fiscal year beginning April first,\nnineteen hundred seventy-nine, the state comptroller shall deduct from\nany moneys payable to each such political subdivision from the local\nassistance account twenty-five percent of the amount set forth in column\nA. In the event that the judiciary budget adopted for the fiscal year\nbeginning April first, nineteen hundred seventy-nine includes an\nallocation for any political subdivision that is less than the\nappropriated budget used to calculate column A, then the deduction to\nthe locality shall be proportionately reduced. The amount to be deducted\npursuant to this paragraph, as reduced pursuant to the provisions of\nthis subdivision or any other provision of law, shall be deducted\npursuant to a plan prepared by the state comptroller with the approval\nof the state director of the budget. Such plan shall, to the extent\npracticable, provide for the amount of such deductions to coincide with\nthe state first instance payments for the expenses enumerated in\nsubdivision one of this section. In lieu of deducting such amount from\nmoneys payable from the local assistance account, the plan prepared by\nthe state comptroller with the approval of the state director of the\nbudget may provide for the rendering of monthly or bi-monthly statements\nrequiring the payment of fractional portions of such amount, and may\nprovide for the payment of interest at a rate to be fixed by the state\ncomptroller, not to exceed six percent per annum, in the event payment\nshall not be made at the time and in the amount prescribed therein.\n Net Local\n Commitment\nSub-parg. Column A\n_________ __________\n1. Albany Co. 1,070,972\n2. Allegany Co. 163,292\n3. Broome Co. 631,332\n4. Cattaraugus Co. 283,404\n5. Cayuga Co. 276,422\n6. Chautauqua Co. 505,825\n7. Chemung Co. 417,520\n8. Chenango Co. 163,660\n9. Clinton Co. 375,908\n10. Columbia Co. 218,664\n11. Cortland Co. 136,530\n12. Delaware Co. 132,998\n13. Dutchess Co. 1,306,400\n14. Erie Co. 4,477,957\n15. Essex Co. 185,590\n16. Franklin Co. 227,027\n17. Fulton Co. 353,064\n18. Genesee Co. 293,468\n19. Greene Co. 209,268\n20. Hamilton Co. 64,839\n21. Herkimer Co. 235,259\n22. Jefferson Co. 351,634\n23. Lewis Co. 103,147\n24. Livingston Co. 176,190\n25. Madison Co. 238,472\n26. Monroe Co. 3,202,248\n27. Montgomery Co. 311,582\n28. Nassau Co. 17,989,885\n29. Niagara Co. 1,101,979\n30. Oneida Co. 971,718\n31. Onondaga Co. 1,899,769\n32. Ontario Co. 338,318\n33. Orange Co. 1,271,126\n34. Orleans Co. 133,546\n35. Oswego Co. 499,791\n36. Otsego Co. 221,928\n37. Putnam Co. 274,839\n38. Rensselaer Co. 584,464\n39. Rockland Co. 1,385,788\n40. St. Lawrence Co. 444,423\n41. Saratoga Co. 445,098\n42. Schenectady Co. 650,378\n43. Schoharie Co. 120,366\n44. Schuyler Co. 69,832\n45. Seneca County 147,571\n46. Steuben Co. 377,784\n47. Suffolk Co. 12,667,065\n48. Sullivan Co. 391,361\n49. Tioga Co. 136,855\n50. Tompkins Co. 291,294\n51. Ulster Co. 569,779\n52. Warren Co. 323,586\n53. Washington Co. 245,885\n54. Wayne Co. 281,637\n55. Westchester Co. 4,855,637\n56. Wyoming Co. 172,799\n57. Yates Co. 99,050\n58. City of Albany 312,321\n59. City of Binghamton 208,564\n60. City of Buffalo 1,297,555\n61. City of Mt. Vernon 330,491\n62. City of New Rochelle 300,473\n63. City of New York 81,528,585\n64. City of Niagara Falls 252,006\n65. City of Rochester 902,475\n66. City of Rome 82,972\n67. City of Schenectady 152,607\n68. City of Syracuse 712,583\n69. City of Troy 158,576\n70. City of Utica 264,612\n71. City of White Plains 311,387\n72. City of Yonkers 759,013\n73. City of Amsterdam 37,126\n74. City of Auburn 62,938\n75. City of Batavia 38,790\n76. City of Beacon 24,085\n77. City of Canandaigua 35,301\n78. City of Cohoes 38,892\n79. City of Corning 23,067\n80. City of Cortland 39,104\n81. City of Dunkirk 54,523\n82. City of Elmira 107,398\n83. City of Fulton 31,947\n84. City of Geneva 34,909\n85. City of Glen Cove 87,917\n86. City of Glens Falls 58,427\n87. City of Gloversville 32,404\n88. City of Hornell 30,769\n89. City of Hudson 15,934\n90. City of Ithaca 106,175\n91. City of Jamestown 75,074\n92. City of Johnstown 28,346\n93. City of Kingston 46,983\n94. City of Lackawanna 94,215\n95. City of Little Falls 18,583\n96. City of Lockport 67,567\n97. City of Long Beach 222,129\n98. City of Mechanicville 20,935\n99. City of Middletown 62,970\n100. City of Newburgh 85,009\n101. City of North Tonawanda 88,793\n102. City of Norwich 28,893\n103. City of Ogdensburg 54,133\n104. City of Olean 43,699\n105. City of Oneida 25,331\n106. City of Oneonta 46,804\n107. City of Oswego 57,552\n108. City of Peekskill 92,493\n109. City of Plattsburgh 39,544\n110. City of Port Jervis 33,701\n111. City of Poughkeepsie 92,647\n112. City of Rensselaer 22,920\n113. City of Rye 42,620\n114. City of Salamanca 16,719\n115. City of Saratoga Springs 67,444\n116. City of Sherrill 6,643\n117. City of Tonawanda 71,307\n118. City of Watertown 120,076\n119. City of Watervliet 21,274\n (a-1) (i) Effective for each state fiscal year beginning April first,\nnineteen hundred ninety-five, the state comptroller shall, on or before\nthe end of that fiscal year: (1) deduct from any moneys payable to the\ncity of New York from the local assistance account as state aid for the\nsupport of local government the amount certified to him or her by the\nchief administrator of the courts immediately following the close of\nsuch fiscal year pursuant to subparagraph (ii) of this paragraph, and\n(2) transfer the amount of such deduction from the local assistance\naccount to the New York city county clerks' operations offset fund.\n (ii) On or before March first in each year commencing with March\nfirst, nineteen hundred ninety-six, the chief administrator shall\ndetermine and certify to the comptroller the difference between (1) the\namount of the disbursements under the judiciary budget made during the\nfiscal year ending the previous March thirty-first for the payment of\nservices and expenses incurred in that fiscal year by the offices of the\ncounty clerks of the city of New York, excluding services and expenses\nincurred by those offices in discharge of a county clerk's powers and\nduties as commissioner of jurors, and (2) the aggregate receipts derived\nby the state from the fees specified in paragraphs one and two of\nsubdivision (f) of section eight thousand twenty and section eight\nthousand twenty-one of the civil practice law and rules during the\nfiscal year commencing April first, nineteen hundred ninety.\n (iii) On or before March first, nineteen hundred ninety-seven, and\neach March first thereafter, the chief administrator shall determine the\nactual difference between (1) the amount of the disbursements under the\njudiciary budget made during the fiscal year ending the previous March\nthirty-first for the payment of services and expenses incurred in that\nfiscal year by the offices of the county clerks of the city of New York,\nexcluding services and expenses incurred by those offices in discharge\nof a county clerk's powers and duties as commissioner of jurors and (2)\nthe aggregate receipts derived from the state from the fees specified in\nparagraphs one and two of subdivision (f) of section eight thousand\ntwenty and section eight thousand twenty-one of the civil practice law\nand rules during the preceding fiscal year. The chief administrator\nshall compare this actual amount of difference with the projected amount\nof difference calculated pursuant to subparagraph (ii) of this paragraph\nand certify the difference between the two amounts to the comptroller.\nSuch amount shall be added to, or deleted from, as the case may be, the\namount of the deduction made from state aid payments to the city of New\nYork pursuant to subparagraph (i) of this paragraph.\n (b) To the extent the moneys so estimated by the state comptroller\nwith the approval of the state director of the budget to be payable to\nsuch political subdivision from the local assistance fund during any\nstate fiscal year are insufficient to provide for the deduction of the\namount required to be deducted pursuant to this subdivision, each such\npolitical subdivision shall pay on a monthly basis to the commissioner\nof taxation and finance an amount determined by the state comptroller\nand the state director of the budget to provide for payment of the\namount by which the estimated moneys payable to such political\nsubdivision is insufficient. The amount of such payments may be adjusted\nfrom time to time as the estimate of moneys payable to such political\nsubdivision is adjusted.\n (c) For the state fiscal year commencing April first, nineteen hundred\nseventy-nine, each political subdivision shall repay to the State of New\nYork an amount equal to twenty-five precent of its portion of the amount\nappropriated in the first instance from the state purposes fund to the\njudiciary for the state fiscal year commencing April first, nineteen\nhundred seventy-six, as determined by the state department of taxation\nand finance.\n (d) Except as provided in subdivision three of this section, the\nallocation of costs to each political subdivision for its share of the\nexpenses of the courts and court related agencies of the unified court\nsystem set forth in subdivision one of this section shall be determined\nby law for the fiscal year commencing April first, nineteen hundred\nseventy-nine, and no allocation of such costs to political subdivisions\nshall be made for any fiscal year commencing on or after April first,\nnineteen hundred eighty.\n (e) All fees collected pursuant to sections eighteen hundred three,\neighteen hundred three-A and nineteen hundred eleven of the New York\ncity civil court act, all fees collected pursuant to state law by the\ncounty clerks in the city of New York, except as otherwise provided\nherein with respect to fees collected pursuant to subdivision (a) of\nsection eight thousand eighteen of the civil practice law and rules and\nexcept those fees collected by the clerk of Richmond county which in the\nother counties of the city of New York are collected by the city\nregisters, all fees collected pursuant to section eight thousand\neighteen of the civil practice law and rules except only to the extent\nof one hundred sixty-five dollars of any fee collected pursuant to\nsubparagraph (i) of paragraph one of subdivision (a) of such section and\nexcept for those collected pursuant to subparagraph (ii) of paragraph\none of paragraph three of such subdivision (a), all fees collected\npursuant to section eight thousand twenty of the civil practice law and\nrules except for those collected pursuant to subdivisions (f), (g) and\n(h) of said section, all fees collected pursuant to section eight\nthousand twenty-two of the civil practice law and rules, all fees\ncollected pursuant to section twenty-four hundred two of the surrogate's\ncourt procedure act, all fees collected pursuant to section eighteen\nhundred three, eighteen hundred three-A and subdivision (a) of section\nnineteen hundred eleven of the uniform district court act, all fees\ncollected pursuant to section eighteen hundred three, eighteen hundred\nthree-A and subdivision (a) of section nineteen hundred eleven of the\nuniform city court act and all fines, penalties and forfeitures\ncollected pursuant to subdivision eight of section eighteen hundred\nthree of the vehicle and traffic law, except such fines, penalties and\nforfeitures collected by the Nassau county traffic and parking\nviolations agency, section 71-0211 of the environmental conservation\nlaw, section two hundred one of the navigation law and subdivision one\nof section 27.13 of the parks, recreation and historic preservation law\nshall be paid to the state commissioner of taxation and finance on a\nmonthly basis no later than ten days after the last day of each month.\nThe additional fee of five dollars collected by county clerks in New\nYork city pursuant to paragraph three of subdivision (a) of section\neight thousand eighteen of the civil practice law and rules shall be\ndistributed monthly by the county clerks as follows: four dollars and\nseventy-five cents to the commissioner of education for deposit into the\nlocal government records management improvement funds; and twenty-five\ncents to the city of New York.\n (f) Effective April first, nineteen hundred seventy-seven, the state\nshall no longer make any payments pursuant to section thirty-four-a of\nthis chapter nor any payments pursuant to section ninety-nine-l of the\ngeneral municipal law for matters handled by the criminal court of the\ncity of New York, the district courts and city courts.\n (g) The amounts to be deducted from the local assistance fund and to\nbe paid by political subdivisions to the state of New York, and the fees\nto be paid to the state commissioner of taxation and finance pursuant to\nparagraphs (a), (b), (c) and (e) of subdivision two of this section are\nhereby made available for the reimbursement of expenditures made by the\njudiciary in the first instance from state purposes appropriations\nauthorized by subdivision one of this section.\n Notwithstanding any other provision of law, the comptroller is hereby\nauthorized to repay from such amounts and such fees the expenditures\nmade by the judiciary in the first instance from state purposes\nappropriations authorized by subdivision one of this section.\n 3. (a) Notwithstanding any other provision of law, all goods, services\nand facilities presently furnished and paid for by any political\nsubdivision to the courts and court-related agencies affected by this\nsection not included in that portion of the budget of the political\nsubdivision used in the computation of the amounts set forth in\nsubdivision two of this section, shall continue to be furnished and paid\nfor by the political subdivision. Each political subdivision shall also\nbe responsible for supplying such additional facilities suitable and\nsufficient for the transaction of business as may become needed after\nthe effective date of this subdivision. In the event that a political\nsubdivision during any state fiscal year ceases to provide any such\ngoods, services and facilities, the state administrator shall determine\nthe value of such goods, services and facilities and shall notify the\nstate comptroller of such determination. During each state fiscal year\nin which a political subdivision ceases to provide such goods, services\nand facilities, an amount equal to the value of such services shall be\ndeducted by the state comptroller from any moneys payable to such\npolitical subdivision from the local assistance fund. All federal moneys\nallocated as of March thirty-first, nineteen hundred seventy-seven by\nany political subdivision for goods, services or facilities in the\ncourts or court-related agencies affected by this section shall continue\nto be so allocated for as long as those federal moneys remain available\nto that political subdivision, except that, if the federal moneys\ngranted to the political subdivision from which such goods, services or\nfacilities are provided are reduced below the amount granted as of March\nthirty-first, nineteen hundred seventy-seven, the political subdivision\nmay make a proportionate reduction in the federal moneys allocated for\nsuch goods, services or facilities.\n (b) Political subdivisions which provide security services for the\ncourts, the cost of which is not included in that portion of the budget\nof the political subdivision used in the computation of the amounts set\nforth in column A in paragraph (a) of subdivision two of this section\nshall be entitled to reimbursement by the state within the amounts\nappropriated to the administrative office for the courts for that\npurpose.\n (c) All employees providing goods and services pursuant to this\nsubdivision shall remain the employees of the political subdivision. All\ndeputy sheriffs or police officers providing security services in the\ncourts shall be deemed persons providing services pursuant to this\nsubdivision.\n 4. In preparing and submitting to the administrative board the\nitemized estimates of the annual financial needs of the courts and\ncourt-related agencies set forth in subdivision one of this section, the\nstate administrator shall consider the relative caseloads of such courts\nand agencies in the event that increases in such itemized estimates are\nproposed for inclusion in the judiciary budget submission to the\nlegislature.\n 5. The state administrator shall render an annual statement of the\namount determined pursuant to paragraph (c) of subdivision two of this\nsection to each political subdivision on or about the fifteenth day of\nSeptember of each year. The amount set forth in such statement shall be\npaid to the state commissioner of taxation and finance by the city of\nNew York no more than thirty days after receipt thereof and by all other\npolitical subdivisions on or before the thirty-first of January of the\nfollowing year. In the event that any political subdivision fails to\nremit a payment due at the time specified herein, the comptroller shall\nwithhold payments of installments or quarterly payments of state\nassistance due such political subdivision pursuant to the provisions of\narticle four-a of the state finance law until the indebtedness due from\nsuch political subdivision pursuant to this subdivision shall be paid in\nfull or until the installments or quarterly payments of such state\nassistance or portions thereof so withheld shall equal the amount so due\nfrom the political subdivision pursuant to this subdivision.\n 6. Notwithstanding any other provision of law, and except as provided\nin paragraph (c) of subdivision three of this section, commencing April\nfirst, nineteen hundred seventy-seven all justices, judges, and\nnonjudicial officers and employees of the courts and court-related\nagencies of the unified court system set forth in subdivision one of\nthis section shall be employees of the state of New York and the\nsalaries, wages, hours and other terms and conditions of their\nemployment shall be determined in accordance with the provisions of this\nsection.\n (a) Such justices, judges, and nonjudicial officers and employees\nshall be placed on the payroll of the state of New York and shall be\nentitled to the salaries, wages, hours and other terms and conditions of\nemployment to which they were entitled pursuant to any law or contract\nin effect immediately prior to the effective date hereof, except that\nthey shall receive the rates of reimbursement for travel and lodging\nexpenses provided by the state to state-paid nonjudicial officers and\nemployees of the unified court system not affected by this paragraph,\nprovided, however, that where an agreement has expired with no successor\ncontract yet having been executed prior to the effective date hereof a\ncontract subsequently executed and retroactive to the expiration of such\npredecessor contract shall be controlling. Such salaries, wages, hours\nand other terms and conditions of employment shall continue in effect\nuntil altered by state law or by the terms of a successor contract,\nexcept that salaries, wages, hours and other terms and conditions of\nemployment of such nonjudicial officers and employees not provided\npursuant to contract and hours and other terms and conditions of\nemployment of justices and judges may be altered by administrative\naction in accordance with law. Provided, however, that no liability\nshall be deemed to accrue to the state as result of any such law or\ncontract for any period prior to April first, nineteen hundred\nseventy-seven.\n (b) Notwithstanding any provision of paragraph (a) of this subdivision\nevery local law enacted, contract entered into or action taken by a\npolitical subdivision or other instrumentality of the state on or after\nthe effective date of this paragraph with respect to the terms or\nconditions of employment of any such justice, judge, non-judicial\nofficer or employee shall be subject to the prior approval of the\nadministrative board of the judicial conference. Provided, however, that\nany such local law, contract or action affecting any such justice,\njudge, non-judicial officer or employee of any court of the unified\ncourt system located in a city for which an emergency financial control\nboard has been created shall be subject only to the prior approval of\nsuch emergency financial control board.\n (c) For the purposes of this section, the term "salary" shall mean the\nannual salary otherwise payable to any judge, justice or nonjudicial\nofficer or employee to whom the provisions of this section are\napplicable, exclusive of overtime compensation and any allowance in lieu\nof maintenance. The salary of the incumbent of a position compensable on\nan hourly or per diem basis, or on any basis other than at an annual\nsalary rate, shall be deemed to be the salary which would otherwise be\npayable if the services were required on a full time annual basis for\nthe number of hours per day and days per week established by law or\nadministrative rules or orders for regular full-time employees.\n (d) Notwithstanding any other provision of law:\n (i) Any nonjudicial officer or employee of the courts and\ncourt-related agencies of the unified court system who becomes an\nemployee of the state of New York pursuant to this subdivision may, at\nthe option of such officer or employee, be credited with sick leave\nearned and accumulated but unused at the time he becomes a state\nemployee, but not in excess of two hundred days and shall be credited\nwith vacation leave earned and accumulated but unused at the time he\nbecomes a state employee, but not in excess of forty days.\nNotwithstanding the foregoing, such nonjudicial officer or employee,\nwith the approval of the state administrator, may elect at any time to\nbe credited with additional sick leave credits by the state, to the\nextent such credits were earned prior to April first, nineteen hundred\nseventy-seven and not already so credited pursuant to this subparagraph\n(i); in such event, such sick leave credits shall not be available for\nthe purposes of subparagraph (iii) of this paragraph. The state shall\nnot award credit or compensation for any other time or leave credits,\nand shall not be liable for any terminal leave benefits based upon time\nor leave credits earned prior to April first, nineteen hundred\nseventy-seven.\n (ii) Every such nonjudicial officer or employee shall be entitled to\nreceive payments for time or leave credits, other than sick leave or\nterminal leave, attributable to service rendered prior to April first,\nnineteen hundred seventy-seven, and not transferred to the state\npursuant to subparagraph (i), which payments such nonjudicial officer or\nemployee would otherwise have received from the political subdivision\nhad he been involuntarily terminated without fault from the employ of\nthe political subdivision on March thirty-first, nineteen hundred\nseventy-seven. Such credits shall be payable in cash before July first,\nnineteen hundred seventy-seven, if such credits would have been so\npayable by the political subdivision or if such officer or employee\nwould otherwise have been retained on the payroll of the political\nsubdivision until any such credits had been exhausted.\n (iii) At the time of retirement or any other permanent separation\nwithout fault from the employment of the state, any such nonjudicial\nofficer or employee shall be entitled to receive from the political\nsubdivision payments for terminal leave based upon any time and leave\ncredits accrued before April first, nineteen hundred seventy-seven, and\nnot transferred to the state pursuant to subparagraph (i) nor used in\nthe computation of any award of compensation pursuant to subparagraph\n(ii) of this paragraph, which payments such nonjudicial officer or\nemployee would otherwise have received from the political subdivision\nhad he retired or separated from the service of the political\nsubdivision on March thirty-first, nineteen hundred seventy-seven. If\nsuch officer or employee retires, such entitlement shall include\npayments he would have received from the political subdivision as if he\nhad been eligible to retire and as if he had retired on March\nthirty-first, nineteen hundred seventy-seven. Any nonjudicial officer or\nemployee who retires or is separated from service after March\nthirty-first, nineteen hundred seventy-seven, who is not entitled to\nreceive payment hereunder solely because of insufficient service with\nthe political subdivision prior to April first, nineteen hundred\nseventy-seven, shall receive from the political subdivision pro rata\npayments based upon such nonjudicial officer or employee's time and\nservice with such local subdivision provided he is otherwise entitled to\nreceive such payments based upon his combined service with the political\nsubdivision and the state pursuant to a collective bargaining agreement\nnegotiated with the state. Such credits shall be payable in cash if such\ncredits would have been so payable by the political subdivision or if\nsuch officer or employee would otherwise have been retained on the\npayroll of the political subdivision until any such credits had been\nexhausted.\n (e) (i) Notwithstanding any other provision of law, all justices,\njudges and nonjudicial officers and employees of the courts and\ncourt-related agencies of the unified court system who became employees\nof the state of New York pursuant to this subdivision shall receive\ninsurance benefits as set forth in this paragraph. Such justices, judges\nand nonjudicial officers or employees may elect to receive all of the\ninsurance benefits provided by the state to state-paid justices, judges\nand nonjudicial officers and employees of the unified court system\nimmediately prior to the effective date hereof. If such election is not\nmade, such justices, judges and nonjudicial officers and employees shall\nbe entitled to receive the insurance benefits to which they were\nentitled pursuant to any law or contract in effect immediately prior to\nthe effective date hereof, in which case the political subdivision from\nwhich such justices, judges and nonjudicial officers and employees were\nentitled to receive insurance benefits shall continue to provide such\ninsurance coverage and such justices, judges and nonjudicial officers\nand employees shall be deemed employees of the political subdivisions\nfor purposes of receiving such insurance coverage and for the processing\nof claims thereunder. The state shall reimburse each political\nsubdivision for the amount of premiums paid pursuant to this paragraph\nor, in the case of self-insurance, for the cost of the benefit paid by\nthe political subdivision. Insurance benefits provided pursuant to this\nparagraph shall continue in effect until altered by law, administrative\naction in accordance with law, or, for those officers and employees\nreceiving insurance benefits pursuant to contract, by the terms of a\nsuccessor contract. Nothing in this paragraph shall preclude the state\nfrom enrolling any such justice, judge or nonjudicial officer or\nemployee in the state insurance plan upon his withdrawal from the\ninsurance plan paid for by the political subdivision pursuant to this\nparagraph. Notwithstanding any other provision of this chapter, all\njustices, judges and nonjudicial officers and employees of the eleventh\njudicial district shall have the same dual insurance coverage,\nconsisting of the state insurance plan and the insurance plan paid for\nby the political subdivision pursuant to this paragraph, which is\nprovided to the justices, judges and nonjudicial officers and employees\nof the first and second judicial districts.\n (ii) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, all state-paid justices and judges and all state-paid\nnonjudicial officers and employees of the unified court system not in\nany collective negotiating unit established pursuant to article fourteen\nof the civil service law who, on the day immediately preceding the\neffective date of this subparagraph, are enrolled in a health insurance\nplan paid for by a political subdivision, shall be deemed withdrawn\ntherefrom and shall exclusively be enrolled in the state health\ninsurance plan.\n (f) All monetary contributions made by a political subdivision prior\nto April first, nineteen hundred seventy-seven on behalf of an\nindividual justice, judge or nonjudicial officer or employee to a\nwelfare fund administered by an employee organization or by a political\nsubdivision shall, commencing April first, nineteen hundred\nseventy-seven, be paid by the state.\n (g) Each political subdivision shall be liable for the satisfaction of\nany claims by any officer or employee arising out of the terms and\nconditions of his employment prior to the date on which such officer or\nemployee became a state employee pursuant to this subdivision.\n 7. Upon the termination of the period of unchallenged representation\nof any employee organization certified or recognized to represent\nemployees of the courts or court related agencies of the unified court\nsystem, petitions may be filed with the public employment relations\nboard to alter negotiating units in accordance with the standards set\nforth in section two hundred seven of the civil service law; provided,\nhowever, that such board shall not alter any such negotiating unit\ncomprised exclusively of such employees or that part of any other\nnegotiating unit comprised of such employees. The provisions of this\nsubdivision shall be applicable in any case in which the negotiating\nunit is so defined on the effective date of this subdivision in\naccordance with the provisions of either section two hundred seven or\nsection two hundred twelve of the civil service law, as the case may be.\nNothing herein shall preclude the merger of negotiating units of such\nemployees with the consent of the administrative board of the judicial\nconference and the recognized or certified representatives of the\nnegotiating units involved.\n 8. (a) The administrative board of the judicial conference shall adopt\na classification structure for all non-judicial officers and employees\nwho become employees of the state of New York pursuant to this section\nwhich shall provide for the classification of positions in accordance\nwith duties required to be performed in title in these positions and in\naccordance with the responsibilities of the position and the volume of\nwork in the court or court-related agency in which the position exists.\nNothing in this section shall prohibit the subsequent restructuring of\nthe classification and duties of employees in accordance with the rules\nof the administrative board. The administrative board in accordance with\nsection two hundred nineteen of this article shall determine,\nretroactive to April first, nineteen hundred seventy-seven, the salary\ngrade of each employee who becomes an employee of the state of New York\npursuant to this section; provided, however, nothing herein contained\nshall be deemed to diminish: (i) the right of any employee organization\nto negotiate wages or salaries pursuant to article fourteen of the civil\nservice law, or; (ii) the right of any employee to receive wages or\nsalaries pursuant to subdivision six of this section. Notwithstanding\nany other provision of law, an application to the public employment\nrelations board seeking a designation by the board that certain persons\nare managerial or confidential may be filed at any time before April\nfirst, nineteen hundred seventy-eight, and thereafter pursuant to the\nprovisions of the civil service law.\n (b) A nonjudicial officer or employee whose position is allocated to a\nsalary grade pursuant to paragraph (a) of this subdivision shall be\nplaced into that salary grade at the salary received by such officer or\nemployee immediately prior to said allocation or at the minimum of that\ngrade, whichever is higher. The salary of such officer or employee\nwithin such salary grade, as determined by this paragraph, shall\nestablish the increment step into which the employee shall be placed and\nshall determine the number of years of service to be credited within\nsuch salary grade as of April first, nineteen hundred seventy-seven, for\nthe purpose of computing future increments. Each employee shall\nthereafter receive increment credit for each subsequent year of service\nin such position up to the maximum prescribed by section two hundred\nnineteen of this article.\n 9. (a) On and after the effective date of this paragraph all justices,\njudges and nonjudicial officers and employees of the courts and\ncourt-related agencies of the unified court system set forth in\nsubdivision one who become employees of the state pursuant to\nsubdivision six of this section shall thereupon become members of the\nNew York state employees retirement system to the extent permitted or\nrequired by the provisions of the retirement and social security law,\nand the reserves in any other retirement system shall be transferred to\nthe New York state employees retirement system without any request by\nthem or any notice to the retirement systems, except that: (1) any such\njustice, judge or nonjudicial officer or employee who is a member of the\nNew York city employees' retirement system or the New York city\nteachers' retirement system may elect to continue membership in the New\nYork city employees' retirement system or the New York city teachers'\nretirement system, as the case may be, and (2) any justice or judge who\nis a member of both the New York city employees' retirement system and\nthe New York state employees' retirement system may elect to continue\nmembership in the New York city employees' retirement system and to\ndiscontinue membership in the New York state employees' retirement\nsystem. Any election pursuant to this paragraph shall be made no later\nthan the ninetieth day next succeeding the date on which the provisions\nhereof become effective, by filing a written notice thereof with the\nadministrative head of the New York state employees' retirement system\nand the New York city employees' retirement system or the New York city\nteachers' retirement system and, once made and filed, shall be\nirrevocable. Upon the retirement of a justice, judge or nonjudicial\nofficer or employee who has made such an election, the calculation of\nfinal average salary by the New York city employees' retirement system\nor the New York city teachers' retirement system shall be performed as\nif the salary earned as a state employee on and after such effectiveness\nwere earned in New York city employment. In the case of a justice, judge\nor nonjudicial officer or employee who remains or becomes a member of\nthe New York state employees' retirement system pursuant to this\nparagraph, the New York city employees' retirement system or the New\nYork city teachers' retirement system shall make a transfer of reserves,\ncontributions and credits to the New York state employees' retirement\nsystem, in the manner required by section forty-three of the retirement\nand social security law. In the case of an election to continue in the\nNew York city employees' retirement system by a justice or judge who is\na member of both retirement systems, the New York state employees'\nretirement system shall make a transfer of reserves, contributions and\ncredits to the New York city employees' retirement system, in the manner\nprovided by section forty-three of such law.\n (b) The comptroller of the city of New York shall certify to the state\nadministrator the amount of money required to be paid by the state of\nNew York for pension costs resulting from elections made pursuant to\nparagraph (a) of this subdivision. The comptroller of the state of New\nYork shall pay to the New York city employees' retirement system or the\nNew York city teachers' retirement system, upon approval by the state\nadministrator, the amounts so certified by the comptroller of the city\nof New York. The comptroller of the city of New York shall also certify\nto the state administrator the amount of money required to be\ncontributed by each of such employees. The comptroller of the state of\nNew York shall be authorized to withhold the contribution of such\nemployees and pay that amount to the New York city employees' retirement\nsystem or the New York city teachers' retirement system. The amount so\ncertified pursuant to this paragraph shall be the same as the amounts\nrequired to be contributed for similarly situated city employees by the\ncity of New York and by employees of the city of New York.\n 10. (a) Notwithstanding any other provision of law, commencing April\nfirst, nineteen hundred eighty-three, in the event the chief\nadministrator of the courts, in his sole discretion, determines that\ncourt security services provided by the county of Westchester pursuant\nto subdivision three of this section should be provided by employees of\nthe unified court system: (i) the state shall be responsible for\nproviding security services to the courts in such county, and (ii) all\npermanent officers and employees of the department of public safety\nservice of such county who provide security services in the courts of\nsuch county pursuant to subdivision three of this section shall be\neligible to become employees of the state of New York upon filing a\nnotice of state employment election with the chief administrator of the\ncourts in a manner and form determined by the chief administrator;\nprovided, however, that such employment shall be subject to acceptance\nby the employee of the salary, wages, hours and other terms and\nconditions of employment enjoyed by other state employees in the\nnegotiating unit into which his position is placed.\n (b) Each nonjudicial officer and employee who files a notice of state\nemployment election as provided in paragraph (a) of this subdivision\nshall be placed on a payroll of the state of New York in a position\nwhich shall be classified and allocated pursuant to the classification\nstructure, established by the chief administrator of the courts on May\ntwenty-eighth, nineteen hundred seventy-nine. The salary of each such\nnonjudicial officer and employee shall be his salary on March\nthirty-first, nineteen hundred eighty-three, plus such number of\nincrements equalling his years of permanent service in his county\nposition on March thirty-first, nineteen hundred eighty-three, not to\nexceed the maximum of the salary grade of the position to which he is\nallocated hereunder. Eligibility for future increments shall be based\nsolely upon state service commencing upon the effective date of this\nsubdivision.\n (c) Notwithstanding any other provision of law:\n (i) Any nonjudicial officer or employee of the courts and court\nrelated agencies of the unified court system who becomes an employee of\nthe state of New York pursuant to paragraph (a) of this subdivision,\nmay, at the option of such officer or employee, be credited with sick\nleave earned and accumulated but unused at the time he becomes a state\nemployee, but not in excess of two hundred days and shall be credited\nwith vacation leave earned and accumulated but unused at the time he\nbecomes a state employee, but not in excess of forty days. The state\nshall not award credit or compensation for any other time or leave\ncredits and shall not be liable for any terminal leave benefits based\nupon time or leave credits earned prior to April first, nineteen hundred\neighty-three.\n (ii) Each such nonjudicial officer or employee shall be entitled to\nreceive payments from the county of Westchester for time or leave\ncredits, other than sick leave or terminal leave, attributable to\nservice prior to April first, nineteen hundred eighty-three and not\ntransferred to the state pursuant to subparagraph (i) of this paragraph,\nwhich payments such nonjudicial officer or employee would otherwise have\nreceived from the county had he been involuntarily terminated without\nfault from the employ of the county on March thirty-first, nineteen\nhundred eighty-three. Such credits shall be payable in cash before July\nfirst, nineteen hundred eighty-three, if such credits would have been so\npayable by the county of Westchester or if such officer or employee\nwould otherwise have been retained on the payroll of the county until\nany such credits have been exhausted.\n (iii) At the time of retirement, or any other permanent separation\nwithout fault from the employment of the state, any such nonjudicial\nofficer or employee shall be entitled to receive from the county of\nWestchester payments for terminal leave based upon any time and leave\ncredits accrued before April first, nineteen hundred eighty-three, and\nnot transferred to the state pursuant to subparagraph (i) of this\nparagraph, which payments such nonjudicial officer or employee would\notherwise have received from the county had he retired or separated from\nthe service of the county on March thirty-first, nineteen hundred\neighty-three.\n (d) Upon the effective date of this subdivision, each officer and\nemployee who elects to become a state employee pursuant to paragraph (a)\nof this subdivision shall have permanent status in his state position\nwithout further examination or qualification. Each officer and employee\nhaving permanent status in a competitive class county position who does\nnot make such election shall have his name entered upon an appropriate\npreferred list for reinstatement to the same or similar positions in the\nservice of the county of Westchester.\n