Regular Session 2021-2022 House Bill 2172 P.N. 2539

PRINTER'S NO. 2539

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2172

Session of

2021

INTRODUCED BY ROAE, PENNYCUICK, RYAN, HAMM, MAJOR, STAMBAUGH,

BERNSTINE, SMITH AND GLEIM, DECEMBER 15, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 15, 2021

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," further providing for members of the General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 4(d) and (d.1) of the act of September

30, 1983 (P.L.160, No.39), known as the Public Official

Compensation Law, amended October 16, 2020 (P.L.706, No.79), are

amended to read:

Section 4. Members of the General Assembly.

* * *

(d) Subsequent annual cost-of-living adjustment for

members.--

(1) Except as provided under [paragraph (2)] paragraphs

(2) and (3), for the 12-month period beginning December 1,

1997, through November 30, 1998, and for each like 12-month

period thereafter, the salary of the members of the General

Assembly shall be increased by an annual cost-of-living

adjustment calculated by applying the percentage change in

the Consumer Price Index for All Urban Consumers (CPI-U) for

the Pennsylvania, New Jersey, Delaware and Maryland area, for

the most recent 12-month period for which figures have been

officially reported by the United States Department of Labor,

Bureau of Labor Statistics immediately prior to the date the

adjustment is due to take effect, to the then current salary

amounts. The percentage increase and the new salary amounts

shall be determined jointly by the Chief Clerk of the Senate

and the Chief Clerk of the House of Representatives prior to

the annual effective date of the adjustment and shall be

published by them in the Pennsylvania Bulletin within ten

days of the date such determination is made.

(2) The salary of the members of the General Assembly

may not be increased by an annual cost-of-living adjustment

under paragraph (1) for the period beginning December 1,

2020, through November 30, 2021. Notice of the provisions of

this subsection shall be transmitted to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin

prior to December 1, 2020.

(3) A member of the General Assembly may opt out of the

automatic annual cost-of-living adjustment under paragraph

(1) in accordance with this paragraph. The following apply:

(i) The decision to opt out of the automatic annual

cost-of-living adjustment:

(A) Must be made during the month of November of

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the year in which the member is elected.

(B) Shall be effective during the entire term to

which the member is elected.

(ii) If a member of the General Assembly opts out of

the automatic annual cost-of-living adjustment, the

member shall still receive, during the entire term for

which the decision to opt out is made, the annual salary

established for members of the General Assembly that was

in effect at the time of the member's latest election to

the General Assembly.

(iii) The Chief Clerk of the Senate and the Chief

Clerk of the House of Representatives shall jointly

develop a form for members of the General Assembly to

opt out the annual cost-of-living adjustment. The form

shall be in substantially in the following form:

AUTOMATIC COST-OF-LIVING ADJUSTMENT OPT OUT

FOR MEMBERS OF THE GENERAL ASSEMBLY

I, ........................, choose to opt out of the

automatic annual cost-of-living adjustment for members of the

General Assembly, as provided under section 4 of the Public

Official Compensation Act, during the entire term for which I

was elected as a member of the General Assembly. Instead, I

choose to have my annual salary as a member of the General

Assembly remain, throughout the entire term for which I was

elected, the same as it was on the day that I was last

elected, without any automatic cost-of-living adjustment.

........................ ....................

(Signature) (Date)

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(iv) To opt out of the automatic annual cost-of-

living adjustment, a member of the General Assembly must

complete the form described in subparagraph (iii) and

return it to the Chief Clerk of the Senate or the Chief

Clerk of the House Representatives, as applicable, by

November 30 of the year in which the member was elected,

so that the member's annual salary may be processed

without the automatic annual cost-of-living adjustment.

(v) If a member of the General Assembly does not

complete the form described in subparagraph (iii) in

accordance with subparagraph (iv), the member shall

receive the automatic annual cost-of-living adjustment.

(vi) F or purposes of this paragraph, the term

"member of the General Assembly" or "member" means an

individual elected to the Senate or the House of

Representatives, regardless of whether the individual has

begun the term of service.

(d.1) Subsequent annual cost-of-living adjustment for

officers and leaders.--

(1) Except as provided under [paragraph (2)] paragraphs

(2) and (3), for the 12-month period beginning December 1,

1997, through November 30, 1998, and for each like 12-month

period thereafter, the additional compensation of the

officers and leaders of the General Assembly shall be

increased by an annual cost-of-living adjustment calculated

by applying the percentage change in the Consumer Price Index

for All Urban Consumers (CPI-U) for the Pennsylvania, New

Jersey, Delaware and Maryland area, for the most recent 12-

month period for which figures have been officially reported

by the United States Department of Labor, Bureau of Labor

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Statistics immediately prior to the date the adjustment is

due to take effect, to the then current compensation. The

percentage increase and the new compensation amounts shall be

determined jointly by the Chief Clerk of the Senate and the

Chief Clerk of the House of Representatives prior to the

annual effective date of the adjustment and shall be

published in the Pennsylvania Bulletin within 20 days

immediately prior to each cost-of-living increase taking

effect.

(2) The additional compensation of the officers and

leaders of the General Assembly may not be increased by an

annual cost-of-living adjustment under paragraph (1) for the

period beginning December 1, 2020, through November 30, 2021.

Notice of the provisions of this subsection shall be

transmitted to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin prior to December 1,

2020.

(3) An officer or leader of the General Assembly may opt

out of the automatic annual cost-of-living adjustment under

paragraph (1) in accordance with this paragraph. The

following apply:

(i) The decision to opt out of the automatic annual

cost-of-living adjustment:

(A) Must be made during the month of November of

the year in which the officer or leader is elected.

(B) Shall be effective during the entire term to

which the officer or leader is elected.

(ii) If an officer or leader of the General Assembly

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opts out of the automatic annual cost-of-living

adjustment, the officer or leader shall still receive,

during the entire term for which the decision to opt out

is made, the additional compensation established under

subsection (b) that was in effect at the time of the

officer's or leader's latest election as officer or

leader.

(iii) The Chief Clerk of the Senate and the Chief

Clerk of the House of Representatives shall jointly

develop a form for officers and leaders of the General

Assembly to opt out of the annual cost-of-living

adjustment. The form shall be in substantially the

following form:

AUTOMATIC COST-OF-LIVING ADJUSTMENT OPT OUT

FOR OFFICERS AND LEADERS OF THE GENERAL ASSEMBLY

I, ........................, choose to opt out of the

automatic annual cost-of-living adjustment for officers and

leaders of the General Assembly, as provided under section 4

of the Public Official Compensation Act, during the entire

term for which I was elected as an officer or leader of the

General Assembly. Instead, I choose to have my additional

compensation as an officer or leader of the General Assembly

remain, throughout the entire term for which I was elected as

an officer or leader, the same as it was on the day that I

was last elected as an officer or leader, without any

automatic cost-of-living adjustment.

........................ ....................

(Signature) (Date)

...............................

(Position as officer or leader)

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(iv) To opt out of the automatic annual cost-of-

living adjustment, an officer or leader of the General

Assembly must complete the form described in subparagraph

(iii) and return it to the Chief Clerk of the Senate or

the Chief Clerk of the House Representatives, as

applicable, by November 30 of the year in which the

officer or leader was elected, so that the officer's or

leader's additional compensation may be processed without

the automatic annual cost-of-living adjustment.

(v) If an officer or leader of the General Assembly

does not complete the form described in subparagraph

(iii) in accordance with subparagraph (iv), the officer

or leader shall receive the automatic annual cost-of-

living adjustment.

(vi) F or purposes of this paragraph, the term

"officer or leader of the General Assembly" or "officer

or leader" means an individual described under subsection

(b), regardless of whether the individual has begun

service as an officer or leader.

Section 2. This act shall take effect immediately.

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