THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, DeLUCA, BRENNAN, DALEY, DONATUCCI, GOODMAN, HORNAMAN, KORTZ, KOTIK, SAINATO, SWANGER, VULAKOVICH AND WHEATLEY, MARCH 7, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 7, 2011  

AN ACT

Amending the act of September 30, 1983 (P.L.160, No.39),

entitled "An act establishing salaries and compensation of

certain public officials including justices and judges of

Statewide courts, judges of courts of common pleas, judges of

the Philadelphia Municipal Court, judges of the Philadelphia

Traffic Court, district justices and the Governor, the

Lieutenant Governor, the State Treasurer, the Auditor

General, the Attorney General and certain other State

officers and the salary and certain expenses of the members

of the General Assembly; and repealing certain inconsistent

acts," providing for refusal of benefits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of September 30, 1983 (P.L.160, No.39),

known as the Public Official Compensation Law, is amended by

adding a section to read:

Section 5.3.  Refusal of benefits.

(a)  Option of benefits.--Notwithstanding any other provision

of law, a person elected or appointed to a State-level public

office shall be given the following:

(1)  The option of receiving reimbursement for expenses

for travel which is funded in whole or in part by the

Commonwealth.

(2)  The option of receiving funding from any retirement

system funded in whole or in part by the Commonwealth.

(3)  The option of receiving health care benefits as a

form of compensation for service funded in whole or in part

by the Commonwealth.

(4)  The option of receiving a vehicle mileage allowance

funded in whole or in part by the Commonwealth. 

(b)  Form.--The following entities shall develop a form as

follows for accepting or refusing the options under subsection

(a), which must be completed within 30 days of the date of

swearing in:

(1)  The Bipartisan Management Committee for the

legislative branch.

(2)  The State Department for the executive branch.

(3)  The Chief Clerk's Office of the Commonwealth Court

for the judicial branch.

(c)  Irrevocability.--Upon return of the form to the

respective entity under subsection (b), if the person chooses to

not receive an option to receive under subsection (a), the

person's choices shall be irrevocable for the period of their

time in office for all elected or appointed terms. If the person

chooses to receive an option under subsection (a), the person

may reverse that choice at any time, except that once the choice

to not receive an option under subsection (a) is made, it shall

be irrevocable for the period of their time in office for all

elected or appointed terms.

(d)  Public record.--All information stated in the form shall

be considered a public record under section 2 of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Section 2.  The addition of section 5.3 of the act shall

apply to persons elected or employed on or after the effective

date of this section.

Section 3.  This act shall take effect in 60 days.