AN ACT

 

1Prohibiting bonuses and certain types of salary increases for
2employees of Commonwealth agencies.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Commonwealth
7Agency Remuneration Equality Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Bonus." Monetary compensation given to an employee beyond
13the employee's annual salary or other rate of pay. The term does
14not include any of the following:

15(1) Reimbursement or payments for expenses related to
16official business, including meals, lodging, uniforms, car or
17mileage 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 compensation.

12(8) Annual performance-based incentive payments based on
13objective criteria made pursuant to a personnel compensation
14plan included in an individual employment contract or
15collective bargaining agreement.

16(9) Shift differential payments, standby or call-time
17payments or extra duty payments made pursuant to a collective
18bargaining agreement.

19A personnel compensation plan, contract or collective bargaining
20agreement under this definition shall be in writing and shall be
21open for public inspection.

22"Commonwealth agency." Any of the following:

23(1) The Governor, Lieutenant Governor, Attorney General,
24Auditor General, State Treasurer and the departments,
25offices, boards, authorities, commissions and other agencies
26of the executive branch of the Commonwealth, whether or not
27subject to the supervision and control of the Governor.

28(2) The General Assembly of the Commonwealth.

29(3) Any court or office of the unified judicial system
30of the Commonwealth.

1Section 3. Bonuses prohibited.

2No Commonwealth agency may pay a bonus to any of its
3employees.

4Section 4. Penalties.

5(a) Reimbursement.--An employee of a Commonwealth agency who
6is paid a bonus after the effective date of this act shall
7reimburse his employer for the full amount of the bonus.

8(b) Criminal offense.--A person who knowingly and willingly
9approves or authorizes a bonus prohibited by this act commits a
10misdemeanor of the third degree.

11Section 5. Applicability.

12The provisions of this act shall not abrogate any provision
13of an existing collective bargaining agreement or employment
14contract.

15Section 6. Effective date.

16This act shall take effect immediately.