N.Y. LEG Law § 5 — New York Code / Act LEG / Article 2 / Section 5
Compensation of members
Status: in_force

§ 5. Compensation of members. 1. Effective January first, two thousand\ntwenty-three, each member of the legislature shall receive a salary of\none hundred forty-two thousand dollars per annum. Such salary of a\nmember of the legislature shall be payable in twenty-six bi-weekly\ninstallments provided, however, that if legislative passage of the\nbudget as defined in subdivision three of this section has not occurred\nprior to the first day of any fiscal year, the net amount of any such\nbi-weekly salary installment payments to be paid on or after such day\nshall be withheld and not paid until such legislative passage of the\nbudget has occurred whereupon bi-weekly salary installment payments\nshall resume and an amount equal to the accrued, withheld and unpaid\ninstallments shall be promptly paid to each member.\n  For purposes of this section, net amount shall mean gross salary minus\nany or all of the following deductions: federal taxes, state taxes,\nsocial security taxes, city taxes, payments on retirement loans,\nretirement contributions, contributions to health insurance or other\ngroup insurance programs, child support and court ordered payments.\n  2. (a) Each member of the legislature, upon verification of\nattendance, which shall be by electronic verification when practicable,\nin compliance with the policies set forth by the speaker of the assembly\nand the temporary president of the senate for their respective bodies,\nshall be eligible to receive payment of actual and necessary travel\nexpenses and a per diem equivalent to the most recent federal per diem\nrates published by the general services administration as set forth in\n41 CFR (Code of Federal Regulations) Part 301, App. A, for the time in\nwhich the member was in travel status in the performance of his or her\nduties during the months in which the legislature is scheduled to be in\nregular session. During the months when the legislature is not scheduled\nto be in regular session, members shall receive such actual and\nnecessary travel expenses and per diems, in compliance with verification\npolicies and in accord with standards and limits for reimbursable events\nset forth by the speaker of the assembly and the temporary president of\nthe senate for their respective bodies. The per diem allowances\nincluding partial per diem allowances shall be made on audit and warrant\nof the comptroller on vouchers approved by the temporary president of\nthe senate or his or her designee and speaker of the assembly or his or\nher designee for their respective houses.\n  (b) Each house shall make available on its website all documentation\notherwise available to the public pursuant to section eighty-eight of\nthe public officers law related to the payment of travel expenses and\nper diems.\n  3. "Legislative passage of the budget", solely for the purposes of\nthis section and section five-a of this article, shall mean that the\nappropriation bill or bills submitted by the governor pursuant to\nsection three of article seven of the state constitution have been\nfinally acted on by both houses of the legislature in accordance with\narticle seven of the state constitution and the state comptroller has\ndetermined that such appropriation bill or bills that have been finally\nacted on by the legislature are sufficient for the ongoing operation and\nsupport of state government and local assistance for the ensuing fiscal\nyear. In addition, legislation submitted by the governor pursuant to\nsection three of article seven of the state constitution determined\nnecessary by the legislature for the effective implementation of such\nappropriation bill or bills shall have been acted on. Nothing in this\nsection shall be construed to affect the prohibition contained in\nsection five of article seven of the state constitution.\n