PRINTER'S NO. 507

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 458 Session of 1975


        INTRODUCED BY ENGLEHART AND RYAN, FEBRUARY 18, 1975

        REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 18, 1975

                                     AN ACT

     1  Recognizing the decline in the purchasing power of the dollar by
     2     providing for the granting of cost-of-living allowances to
     3     Commonwealth employees.

     4     Whereas, The Judicial Council of Pennsylvania on January 25,
     5  1974 memorialized the General Assembly to make provision for
     6  cost-of-living adjustments in the compensation of justices and
     7  judges; and
     8     Whereas, By reason of collective bargaining, administrative
     9  action or statutory provision, large numbers of Commonwealth
    10  employees have received and may be expected to continue to
    11  receive regular cost-of-living adjustments from time to time;
    12  and
    13     Whereas, No provision of law presently exists guaranteeing to
    14  all Commonwealth employees without distinction the maintenance
    15  of the purchasing power of their salary, wages or other
    16  compensation; therefore
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  (a) All employees of the Commonwealth shall be

     1  entitled to receive, as additional compensation, a cost-of-
     2  living allowance as provided in this section. The amount of the
     3  cost-of-living allowance shall be determined on the basis of the
     4  "Consumer Price Index for Urban Wage Earners and Clerical
     5  Workers (All Items) published by the Bureau of Labor Statistics,
     6  U.S. Department of Labor (1957-1959 = 100)," hereinafter
     7  referred to as the "Index." No adjustment, retroactive or
     8  otherwise, shall be made in the amount of the cost-of-living
     9  allowance due to any revision which later may be made in the
    10  published figures for any month on the basis of which a cost-of-
    11  living allowance has been determined.
    12     (b)  For the purposes of determining the cost-of-living
    13  allowance the base rate of compensation of each office or other
    14  position shall be the salary or wage rate provided by law for
    15  such office on January 1, 1973. Where a permanent and a
    16  temporary salary or wage rate was provided by law on such date
    17  the temporary rate shall be used for the purposes of this act as
    18  long as it is in effect, and thereafter the permanent rate shall
    19  be used for the purposes of this act. Where an office or other
    20  position was created or established subsequent to January 1,
    21  1973 it shall be deemed for the purposes of this act to have the
    22  base rate of the most nearly comparable office or position
    23  existing on January 1, 1973. The State Treasurer shall as soon
    24  as available determine and publish in the Pennsylvania Bulletin
    25  the Index figure for December 1974, and annually thereafter
    26  shall determine and publish as soon as available the Index
    27  figure for each succeeding December. At the same time the State
    28  Treasurer shall also publish the Index figure for December, 1972
    29  and the ratio of the Index figure for the immediately preceding
    30  December to the Index figure for December 1972, hereinafter
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     1  referred to as the current Index ratio. Effective with the first
     2  pay period beginning more than thirty days after such
     3  publication and continuing until the next annual readjustment
     4  under this act each Commonwealth employee shall receive with
     5  respect to each element of salary or other compensation payable
     6  to such employee a cost-of-living allowance equal to (i) the
     7  product of the base rate for such office or position times the
     8  current Index ratio, less (ii) the base rate for such office or
     9  position. Where an office or position is included in a formal
    10  system of job classifications and pay ranges, the cost-of-living
    11  allowance shall be added to the base rate for the position and
    12  the pay rate of the employee shall be rounded up or down to the
    13  nearest established pay range and step.
    14     (c)  As used in this act, the term Commonwealth employee
    15  included all employees, elected and appointed officers and other
    16  persons who receive direct compensation from the Commonwealth
    17  for services rendered.
    18     Section 2.  All general increases in salaries, wages and
    19  other compensation (excluding benefits) granted on or after
    20  January 1, 1973 to Commonwealth employees pursuant to collective
    21  bargaining, administrative action or statutory provision other
    22  than section 1 of this act, shall to the extent received be
    23  credited against cost-of-living allowances payable to
    24  Commonwealth employees under section 1 of this act, it being the
    25  intention of this act to supplement but not to duplicate any
    26  such general increases.
    27     Section 3.  The cost-of-living allowances payable under this
    28  act are hereby found and determined to be adjustments in
    29  compensation rates necessary to maintain previously established
    30  compensation levels unchanged in terms of real purchasing power
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     1  or constant value dollars and shall not be deemed to constitute
     2  an increase in salary or other compensation under any provision
     3  of the Constitution of Pennsylvania.
     4     Section 4.  This act shall take effect immediately.


















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