1Prohibiting bonuses for employees of Commonwealth agencies.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1.  Short title.

5This act shall be known and may be cited as the Commonwealth
6Agency Bonus Ban Act.

7Section 2.  Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Bonus."  Any monetary compensation given to an employee 
12above and beyond the employee's annual salary or other rate of 
13pay. The term does not include the following:

14(1)  Reimbursement or payments for expenses related to
15official business, including meals, housing, uniforms, car
16allowance and other expenses.

1(2)  Severance payments pursuant to a personnel
2compensation plan, contract or collective bargaining
3agreement.

4(3)  Payments for unused vacation or sick leave.

5(4)  An annual cost-of-living adjustment equivalency
6payment made to an individual, at the maximum of a salary
7range, adopted pursuant to a personnel compensation plan or a
8collective bargaining agreement.

9(5)  An arbitration award.

10(6)  Payments made pursuant to litigation.

11(7)  Overtime payments required for work performed in
12excess of the maximum workweek.

13(8)  Shift differential payments, standby or call-time
14payments or extra duty payments made pursuant to a collective
15bargaining agreement.

16A personnel compensation plan, contract or collective bargaining
17agreement under this definition shall be in writing and shall be
18open for public inspection.

19"Commonwealth agency."  Any of the following:

20(1)  The Governor, Lieutenant Governor, Attorney General,
21Auditor General, State Treasurer and the departments,
22offices, boards, authorities, commissions and other agencies
23of the executive branch of the government of this
24Commonwealth, whether or not subject to the supervision and
25control of the Governor.

26(2)  The legislative branch of the government of this
27Commonwealth.

28(3)  Any court and any office of the unified judicial
29system of this Commonwealth.

30Section 3.  Bonus ban.

1No Commonwealth agency may pay a bonus to any of its
2employees.

3Section 4.  Penalties.

4(a)  Reimbursement.--Employees of Commonwealth agencies who
5are paid a bonus after the effective date of this section shall
6reimburse their employer for the full amount of the bonus.

7(b)  Penalty.--An individual who intentionally approves or
8authorizes a bonus prohibited by this act commits a misdemeanor
9of the third degree.

10(c)  Effect on compensation.--A bonus payment made in
11violation of section 3 as determined by the Commonwealth agency
12or by a court of competent jurisdiction shall not be deemed to
13be compensation under 71 Pa.C.S. Pt. XXV (relating to retirement
14for State employees and officers). This act shall not affect the
15definition of "compensation" under 71 Pa.C.S. Pt. XXV or 24
16Pa.C.S. Pt. IV (relating to retirement for school employees).

17Section 5.  Applicability.

18The provisions of this act shall not abrogate any provision
19of an existing collective bargaining agreement or employment
20contract.

21Section 6.  Effective date.

22This act shall take effect in 30 days.