2023 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.