PRINTER'S NO. 111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
129
Session of
2017
INTRODUCED BY EICHELBERGER, BROOKS, SCARNATI, GREENLEAF,
SCAVELLO, VOGEL, BREWSTER, VULAKOVICH, RESCHENTHALER, WARD,
COSTA, STEFANO, McGARRIGLE, AUMENT, HUTCHINSON, FOLMER,
RAFFERTY AND LAUGHLIN, JANUARY 20, 2017
REFERRED TO STATE GOVERNMENT, JANUARY 20, 2017
AN ACT
Prohibiting bonuses for employees of Commonwealth agencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Commonwealth
Agency Bonus Ban Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bonus." Any monetary compensation given to an employee
above and beyond the employee's annual salary or other rate of
pay. The term does not include the following:
(1) Reimbursement or payments for expenses related to
official business, including meals, housing, uniforms, car
allowance and other expenses.
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(2) Severance payments pursuant to a personnel
compensation plan, contract or collective bargaining
agreement.
(3) Payments for unused vacation or sick leave.
(4) An annual cost-of-living adjustment equivalency
payment made to an individual, at the maximum of a salary
range, adopted pursuant to a personnel compensation plan or a
collective bargaining agreement.
(5) An arbitration award.
(6) Payments made pursuant to litigation.
(7) Overtime payments required for work performed in
excess of the maximum workweek.
(8) Shift differential payments, standby or call-time
payments or extra duty payments made pursuant to a collective
bargaining agreement.
A personnel compensation plan, contract or collective bargaining
agreement under this definition shall be in writing and shall be
open for public inspection.
"Commonwealth agency." Any of the following:
(1) The Governor, Lieutenant Governor, Attorney General,
Auditor General, State Treasurer and the departments,
offices, boards, authorities, commissions and other agencies
of the executive branch of the Commonwealth, whether or not
subject to the supervision and control of the Governor.
(2) The legislative branch of the Commonwealth.
(3) Any court and any office of the unified judicial
system of this Commonwealth.
Section 3. Bonus ban.
No Commonwealth agency may pay a bonus to any of its
employees.
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Section 4. Penalties.
(a) Reimbursement.--Employees of Commonwealth agencies who
are paid a bonus after the effective date of this section shall
reimburse their employer for the full amount of the bonus.
(b) Penalty.--An individual who intentionally approves or
authorizes a bonus prohibited by this act commits a misdemeanor
of the third degree.
(c) Effect on compensation.--A bonus payment made in
violation of section 3 as determined by the Commonwealth agency
or by a court of competent jurisdiction shall not be deemed to
be compensation under 71 Pa.C.S. Pt. XXV (relating to retirement
for State employees and officers). This act shall not affect the
definition of "compensation" under 71 Pa.C.S. Pt. XXV or 24
Pa.C.S. Pt. IV (relating to retirement for school employees).
Section 5. Applicability.
The provisions of this act shall not abrogate any provision
of an existing collective bargaining agreement or employment
contract.
Section 6. Effective date.
This act shall take effect in 30 days.
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