N.Y. Judiciary Law § 39: 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.

Net Local

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 state aid for the

support of local government 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 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

subparagraph (i) of paragraph one of subdivision (a) of such section and

except for those collected pursuant to subparagraph (ii) of paragraph

one of 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.