Judiciary — General Provisions Relating To Courts And Judges — Unified court budget; first instance payments by state; provision for prepayment; payment by localities; transfer of non-judicial personnel

Current through 2016 New York Laws, Chapters 1 to 237

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. NetLocal 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.

(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.

(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.

(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.

(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.

N.Y. Jud. Law § 39