N.Y. Legislative Law § 5: Compensation of members

§ 5. Compensation of members. 1. Effective January first, two thousand

twenty-three, each member of the legislature shall receive a salary of

one hundred forty-two thousand dollars per annum. Such salary of a

member of the legislature shall be payable in twenty-six bi-weekly

installments provided, however, that if legislative passage of the

budget as defined in subdivision three of this section has not occurred

prior to the first day of any fiscal year, the net amount of any such

bi-weekly salary installment payments to be paid on or after such day

shall be withheld and not paid until such legislative passage of the

budget has occurred whereupon bi-weekly salary installment payments

shall resume and an amount equal to the accrued, withheld and unpaid

installments shall be promptly paid to each member.

For purposes of this section, net amount shall mean gross salary minus

any or all of the following deductions: federal taxes, state taxes,

social security taxes, city taxes, payments on retirement loans,

retirement contributions, contributions to health insurance or other

group insurance programs, child support and court ordered payments.

2. (a) Each member of the legislature, upon verification of

attendance, which shall be by electronic verification when practicable,

in compliance with the policies set forth by the speaker of the assembly

and the temporary president of the senate for their respective bodies,

shall be eligible to receive payment of actual and necessary travel

expenses and a per diem equivalent to the most recent federal per diem

rates published by the general services administration as set forth in

41 CFR (Code of Federal Regulations) Part 301, App. A, for the time in

which the member was in travel status in the performance of his or her

duties during the months in which the legislature is scheduled to be in

regular session. During the months when the legislature is not scheduled

to be in regular session, members shall receive such actual and

necessary travel expenses and per diems, in compliance with verification

policies and in accord with standards and limits for reimbursable events

set forth by the speaker of the assembly and the temporary president of

the senate for their respective bodies. The per diem allowances

including partial per diem allowances shall be made on audit and warrant

of the comptroller on vouchers approved by the temporary president of

the senate or his or her designee and speaker of the assembly or his or

her designee for their respective houses.

(b) Each house shall make available on its website all documentation

otherwise available to the public pursuant to section eighty-eight of

the public officers law related to the payment of travel expenses and

per diems.

3. "Legislative passage of the budget", solely for the purposes of

this section and section five-a of this article, shall mean that the

appropriation bill or bills submitted by the governor pursuant to

section three of article seven of the state constitution have been

finally acted on by both houses of the legislature in accordance with

article seven of the state constitution and the state comptroller has

determined that such appropriation bill or bills that have been finally

acted on by the legislature are sufficient for the ongoing operation and

support of state government and local assistance for the ensuing fiscal

year. In addition, legislation submitted by the governor pursuant to

section three of article seven of the state constitution determined

necessary by the legislature for the effective implementation of such

appropriation bill or bills shall have been acted on. Nothing in this

section shall be construed to affect the prohibition contained in

section five of article seven of the state constitution.