Bill Text: NJ A1613 | 2010-2011 | Regular Session | Introduced
Bill Title: Limits payment upon retirement to $10,000 to State and local public officers and employees for accumulated sick leave.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1613 Detail]
Download: New_Jersey-2010-A1613-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DECLAN J. O'SCANLON, JR.
District 12 (Mercer and Monmouth)
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
Co-Sponsored by:
Assemblywoman Addiego, Assemblymen Rudder, Biondi, DeCroce, Green, Wolfe, Holzapfel and Assemblywoman N.Munoz
SYNOPSIS
Limits payment upon retirement to $10,000 to State and local public officers and employees for accumulated sick leave.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act limiting payment upon retirement to officers and employees of the State, local governments, and boards of education for accumulated sick leave and amending P.L.2007, c.92 and N.J.S.11A:6-19 and supplementing Title 11A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 42 of P.L.2007, c.92 (C.11A:6-19.1) is amended to read as follows:
42. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of [$15,000, except that an officer or employee who:
(1) on] $10,000. This section shall apply to payments made after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L. , c. (pending before the Legislature as this bill), or [upon] after the expiration of a collective negotiations agreement or contract of employment applicable to [that] an officer or employee in effect on that date [has accrued] providing otherwise for supplemental compensation based upon accumulated unused sick leave [shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater].
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
[As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.]
(cf: P.L.2007, c.92, s.42)
2. Section 43 of P.L.2007, c.92 (C.40A:9-10.2) is amended to read as follows:
43. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of [$15,000, except that an officer or employee who:
(1) on] $10,000. This section shall apply to payments made after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L. , c. (pending before the Legislature as this bill), or [upon] after the expiration of a collective negotiations agreement or contract of employment applicable to [that] an officer or employee in effect on that date [has accrued] providing otherwise for supplemental compensation based upon accumulated unused sick leave [shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater].
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
[As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager].
(cf: P.L.2007, c.92, s.43)
3. Section 44 of P.L.2007, c.92 (C.18A:30-3.5) is amended to read as follows:
44. Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of [$15,000, except that an officer or employee who:
(1) on] $10,000. This section shall apply to payments made after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L. , c. (pending before the Legislature as this bill), or [upon] after the expiration of a collective negotiations agreement or contract of employment applicable to [that] an officer or employee in effect on that date [has accrued] providing otherwise for supplemental compensation based upon accumulated unused sick leave [shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater].
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.
[As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.]
(cf: P.L.2007, c.92, s.44)
4. N.J.S.11A:6-19 is amended to read as follows:
11A:6-19. Supplemental compensation; computation; limitation. Supplemental compensation shall be computed at the rate of one-half of the eligible employee's daily rate of pay for each day of accumulated sick leave based upon the compensation received during the last year of employment prior to the effective date of retirement, but supplemental compensation shall not exceed [$15,000.00] $10,000. If an employee dies after the effective date of retirement but before payment is made, payment shall be made to the employee's estate.
(cf: N.J.S.11A:6-19)
5. (New section) Notwithstanding any law or any rule or regulation to the contrary, an independent State authority shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $10,000. Supplemental compensation shall be payable only at the time of retirement based on the leave credited on the date of retirement. This section shall apply to payments made after the effective date of P.L. , c. (pending before the Legislature as this bill), or after the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date providing otherwise for supplemental compensation based upon accumulated unused sick leave.
6. Nothing contained in N.J.S.11A:6-19 as amended by P.L. , c. (pending before the Legislature as this bill) shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on the effective date of that act.
7. This act shall take effect on the 30th day after the date of enactment.
STATEMENT
Current law limits to $15,000 the maximum amount that may be paid to a State employee for unused accumulated sick leave when the employee retires. Sections 42, 43, and 44 of P.L.2007, c.92, approved June 8, 2007, imposed an identical limit on elected officials and certain defined appointed officers and employees of local governments and boards of education, although permitting payment of a higher amount for unused sick leave accumulated prior to June 8th or under a contract terminating after June 8th that covered the officer or employee.
Under this bill, all State, independent State authority, local government, and board of education officers and employees would be limited to receiving a payment upon retirement of not more than $10,000 as supplemental compensation for unused accumulated sick leave. The bill would apply to payments made after the bill's effective date or after the termination of a contract covering an officer or employee that is in effect at the time of enactment and that provides otherwise.
