NY Jud L § 39 (2021)
2021 New York Laws JUD - Judiciary Article 2 - General Provisions Relating to Courts and Judges 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.