§ 11-88 Calculation of Grants and Eligibility Criteria.
RCNY § 11-88
(a)The department will provide monetary grants to any qualified employer for each 2019 qualified employee hired by such qualified employer in an amount equal to the sum of: (i) the product of: (A) the excess, if any, of the 2013-14 regular rate over the 2019-20 regular rate; and (B) the number of hours for which such 2019 qualified employee was paid, less any hours for which such employee was paid overtime, by such qualified employer in connection with such employer's contracts with the department of education during the 2019-20 school year; and (ii) the product of: (A) the excess, if any, of the 2013-14 regular rate over the 2019-20 regular rate; and (B) one-and-a-half; and (C) the number of overtime hours for which such 2019 qualified employee was paid by such qualified employer in connection with such employer's contracts with the department of education during the 2019-20 school year; and (iii) such qualified employer's portion of all legally required city, state and federal payroll taxes associated with the amounts described in paragraphs (i) and (ii) of this subdivision; and (iv) the costs incurred by such qualified employer to maintain the recess adjustment payment for such 2019 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the recess adjustment payment for the 2019-20 school year for such employee would have been lower than the recess adjustment payment in place during the 2013-14 school year, provided, that, for a 2019 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the recess adjustment payment for the 2019-20 school year shall be either the recess adjustment payment pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (v) the costs incurred by such qualified employer to maintain the payment for holiday and vacation days for such 2019 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the payment for holiday and vacation days for the 2019-20 school year for such employee would have been lower than the payment in place during the 2013-14 school year, provided, that, for a 2019 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for holiday and vacation days in place during the 2019-20 school year shall be either the payment for holiday and vacation days pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (vi) the costs incurred by such qualified employer to maintain the payment for summer accrual for such 2019 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the payment for summer accrual for the 2019-20 school year for such employee would have been lower than the payment in place during the 2013-14 school year, provided, that, for a 2019 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for summer accrual in place during the 2019-20 school year shall be either the payment for summer accrual pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (vii) the costs incurred by such qualified employer to maintain the contributions for the retirement and health benefits of such 2019 qualified employee in place during the 2013-14 school year, to the extent that, but for the award of this grant, the contributions for the 2019-20 school year for such employee would have been lower than those in place during the 2013-14 school year, provided, that, for a 2019 qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the contributions for the 2019-20 school year shall be either the contributions pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (viii) the costs associated with any increase in workers' compensation insurance for such employee associated with the amounts described in paragraphs (i) and (ii) of this subdivision.
(b)Notwithstanding any provision to the contrary in this subchapter, the department will not award a grant for any 2019 qualified employee unless: (i) any such 2019 qualified employee receives retirement and health benefits from the same health and retirement funds from which such employee received such benefits during the 2013-14 school year, provided that such employee is represented by the same employee organization for the 2013-14 and 2019-20 school years; (ii) thirty-nine weeks of employment during the school year are provided by such qualified employer to such employee, provided that a prorated portion of thirty-nine weeks of employment may be provided by such qualified employer to such employee hired after September 5, 2019; and (iii) the customary work day of such employee is eight hours, if the work day of such employee was eight hours during the 2013-14 school year.
(c)The department will provide monetary grants to any qualified employer for each master seniority lists qualified employee hired by such qualified employer in an amount equal to the sum of: (i) the product of: (A) the excess, if any, of the regular rate during the school year dating to the placement on master seniority lists over the 2019-20 regular rate; and (B) the number of hours for which such master seniority lists qualified employee was paid, less any hours for which such employee was paid overtime, by such qualified employer in connection with such employer's contracts with the department of education during the 2019-20 school year; and (ii) the product of: (A) the excess, if any, of the regular rate during the school year dating to the placement on master seniority lists over the 2019-20 regular rate; and (B) one-and-a-half; and (C) the number of overtime hours for which such master seniority lists qualified employee was paid by such qualified employer in connection with such employer's contracts with the department of education during the 2019-20 school year; and (iii) such qualified employer's portion of all legally required city, state and federal payroll taxes associated with the amounts described in paragraphs (i) and (ii) of this subdivision; and (iv) the costs incurred by such qualified employer to maintain the recess adjustment payment for such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the recess adjustment payment for the 2019-20 school year for such employee would have been lower than the payment in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the recess adjustment payment for the 2019-20 school year shall be either the recess adjustment payment pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (v) the costs incurred by such qualified employer to maintain the payment for holiday and vacation days for such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the payment for holiday and vacation days for the 2019-20 school year for such employee would have been lower than the payment in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for holiday and vacation days in place for the 2019-20 school year shall be either the payment for holiday and vacation days pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, which-ever is higher; and (vi) the costs incurred by such qualified employer to maintain the payment for summer accrual for such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the payment for summer accrual for the 2019-20 school year for such employee would have been lower than the payment in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the payment for summer accrual in place during the 2019-20 school year shall be either the payment for summer accrual pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (vii) the costs incurred by such qualified employer to maintain the contributions for the retirement and health benefits of such master seniority lists qualified employee in place during the school year dating to the placement on master seniority lists, to the extent that, but for the award of this grant, the contributions for the 2019-20 school year for such employee would have been lower than those in place during the school year dating to the placement on master seniority lists, provided, that, for a master seniority lists qualified employee covered by a collective bargaining agreement or, as to whom a best and final offer has been imposed, the contributions for the 2019-20 school year shall be either the contributions pursuant to (A) the collective bargaining agreement in effect at the time payment is due or (B) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher; and (viii) the costs associated with any increase in workers' compensation insurance for such master seniority lists qualified employee associated with the amounts described in paragraphs (i) and (ii) of this subdivision.
(d)Notwithstanding any provision to the contrary in this subchapter, the department shall not award a grant for a master seniority lists qualified employee unless: (i) any such master seniority lists qualified employee receives retirement and health benefits from the same health and retirement funds from which such employee received such benefits for the school year dating to placement on master seniority lists, provided that such employee is represented by the same employee organization as of the school year dating to placement on master seniority lists and the 2019-20 school year; (ii) thirty-nine weeks of employment during the school year are provided by such qualified employer to such employee, provided that a pro-rated portion of thirty-nine weeks of employment may be provided by such qualified employer to such employee hired after September 5, 2019; and (iii) the customary work day of such employee is eight hours, if the work day of such employee was eight hours as of the last date of employment prior to being placed on master seniority lists.
(e)No qualified employer shall be eligible for an award of a grant pursuant to this section unless such qualified employer agrees that during the 2019-20 school year every school bus driver, attendant, dispatcher and mechanic shall be hired from the master seniority lists in the order of his or her seniority, provided that this requirement shall not apply to hiring by qualified employers for the 2019-20 school year that occurred prior to September 5, 2019. (Added City Record 10/29/2015, eff. 11/28/2015; amended City Record 3/10/2017, eff. 4/9/2017; amended City Record 12/14/2017, eff. 1/13/2018; amended City Record 11/21/2018, eff. 12/21/2018; amended City Record 1/9/2020, eff. 2/8/2020)
