SENATE AMENDED PRIOR PRINTER'S NOS. 974, 1304, 1357, PRINTER'S NO. 2246 2024, 2053, 2078
No. 856 Session of 1975
INTRODUCED BY MESSRS. FINEMAN, IRVIS, WARGO, McCALL, SCHWEDER, COWELL, WANSACZ, McLANE, RAPPAPORT, PRENDERGAST, LaMARCA, DOYLE, STAPLETON, GILLESPIE, BERSON, O'DONNELL, GARZIA, WOJDAK, SHANE, ZEARFOSS, D. S. HAYES, HOPKINS, M. E. MILLER JR., KNEPPER, M. E. MILLER, DeMEDIO, MEBUS, MENHORN, MRS. TOLL, MESSRS. REED AND COHEN, MARCH 19, 1975
SENATOR SMITH, STATE GOVERNMENT, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 30, 1975
AN ACT 1 Amending the act of June 1, 1956 (P.L.1959, No.657), entitled, 2 as amended, "An act fixing the salaries and compensation of 3 the Chief Justice and judges of the Supreme Court, the 4 President Judge and judges of the Superior Court, the judges 5 of the courts of common pleas, the judges of the orphans' 6 courts, the judges of the County Court of Philadelphia and 7 the judges of the County Court and Juvenile Court of 8 Allegheny County, certain associate judges not learned in the 9 law, certain state officers, and the salary and expenses of 10 the members of the General Assembly, and repealing certain 11 inconsistent acts," making a change relating to time of 12 payment, providing a procedure for changing mileage, and <-- 13 conforming language to the reports of the Commonwealth 14 Compensation Commission, AND FURTHER PROVIDING FOR <-- 15 ACCOUNTABLE EXPENSES OF MEMBERS AND PROVIDING FOR COST-OF- 16 LIVING ALLOWANCES. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Section 14, act of June 1, 1956 (P.L.1959, 20 No.657), entitled, as amended, "An act fixing the salaries and 21 compensation of the Chief Justice and judges of the Supreme
1 Court, the President Judge and judges of the Superior Court, the 2 judges of the courts of common pleas, the judges of the orphans' 3 courts, the judges of the County Court of Philadelphia and the 4 judges of the County Court and Juvenile Court of Allegheny 5 County, certain associate judges not learned in the law, certain 6 state officers, and the salary and expenses of the members of 7 the General Assembly, and repealing certain inconsistent acts," 8 amended June 16, 1971 (P.L.157, No.8), is amended to read: 9 Section 14. The salary of the members of the General 10 Assembly shall be [seven thousand two hundred dollars ($7,200)] 11 fifteen thousand six hundred dollars ($15,600) per annum and PER <-- 12 MILE CIRCULAR mileage to and from their homes [at the rate of <-- 13 [ten cents (10¢)] twelve cents (12¢) FIFTEEN CENTS (15¢) per <-- 14 mile circular] BASED ON THE RATE ESTABLISHED BY RULES AND <-- 15 REGULATIONS OF THE UNITED STATES INTERNAL REVENUE SERVICE, for 16 each week a member was in actual attendance at the session, 17 between their homes and the State capitol, and no other 18 compensation shall be allowed whatsoever, except each member of 19 the General Assembly shall receive an ACCOUNTABLE allowance for <-- 20 clerical assistance and other expenses incurred during his term 21 in connection with the duties of his office, in the sum of 22 [eight thousand four hundred dollars ($8,400),] five thousand <-- 23 dollars ($5,000), SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), <-- 24 annually; the salary and expenses to be payable in [equal] <-- 25 monthly installments on the first of the month [with the 26 exception that the installment due December first of each even 27 year shall be added to and payable with the installment due 28 January first of the following year]. 29 The Rules Committees of the House of Representatives and the <-- 30 Senate shall study the mileage payments to be made to members of 19750H0856B2246 - 2 -
1 the General Assembly. The committees shall make a joint report 2 to the General Assembly establishing the rate of mileage. The 3 report shall take effect on the date submitted to the General 4 Assembly, unless within sixty calendar days excluding an 5 adjournment or recess of ten days or more following the date of 6 submission, the General Assembly shall, by concurrent 7 resolution, reject the report, in whole or part. The change in 8 mileage established in the report and not rejected by the 9 General Assembly shall apply to members assuming office or whose 10 term begins after the effective date of the report. 11 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 12 SECTION 14.2. (A) ALL JUSTICES, JUDGES AND MEMBERS OF THE 13 GENERAL ASSEMBLY OF THE COMMONWEALTH SHALL BE ENTITLED TO 14 RECEIVE, A COST-OF-LIVING ALLOWANCE AS PROVIDED IN THIS SECTION. 15 THE AMOUNT OF THE COST-OF-LIVING ALLOWANCE SHALL BE DETERMINED 16 ON THE BASIS OF THE "CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS 17 AND CLERICAL WORKERS (ALL ITEMS) PUBLISHED BY THE BUREAU OF 18 LABOR STATISTICS, U.S. DEPARTMENT OF LABOR (1957-1959 = 100)," 19 HEREINAFTER REFERRED TO AS THE "INDEX." NO ADJUSTMENT, 20 RETROACTIVE OR OTHERWISE, SHALL BE MADE IN THE AMOUNT OF THE 21 COST-OF-LIVING ALLOWANCE DUE TO ANY REVISION WHICH LATER MAY BE 22 MADE IN THE PUBLISHED FIGURES FOR ANY MONTH ON THE BASIS OF 23 WHICH A COST-OF-LIVING ALLOWANCE HAS BEEN DETERMINED. 24 (B) FOR THE PURPOSES OF DETERMINING THE COST-OF-LIVING 25 ALLOWANCE THE BASE RATE OF COMPENSATION OF EACH JUSTICE, JUDGE 26 OR MEMBER OF THE GENERAL ASSEMBLY SHALL BE THE SALARY PROVIDED 27 BY LAW FOR SUCH OFFICE ON JANUARY 1, 1975. THE STATE TREASURER 28 SHALL AS SOON AS AVAILABLE DETERMINE AND PUBLISH IN THE 29 PENNSYLVANIA BULLETIN THE INDEX FIGURE FOR DECEMBER 1974, 30 HEREINAFTER REFERRED TO AS THE INDEX RATIO AND ANNUALLY 19750H0856B2246 - 3 -
1 THEREAFTER SHALL DETERMINE AND PUBLISH AS SOON AS AVAILABLE THE 2 INDEX FIGURE FOR EACH SUCCEEDING DECEMBER. EFFECTIVE WITH THE 3 FIRST PAY PERIOD BEGINNING MORE THAN THIRTY DAYS AFTER SUCH 4 PUBLICATION AND CONTINUING UNTIL THE NEXT ANNUAL READJUSTMENT 5 UNDER THIS ACT EACH JUSTICE, JUDGE OR MEMBER OF THE GENERAL 6 ASSEMBLY SHALL RECEIVE THE SALARY PAYABLE TO SUCH OFFICER A 7 COST-OF-LIVING ALLOWANCE EQUAL TO (I) THE PRODUCT OF THE BASE 8 RATE FOR SUCH OFFICE TIMES THE CURRENT INDEX RATIO, LESS (II) 9 THE BASE RATE FOR SUCH OFFICE. SUCH COST-OF-LIVING ALLOWANCE 10 SHALL NOT EXCEED TEN PER CENT (10%) OF THE CURRENT SALARY IN ANY 11 YEAR, EVEN THOUGH THE CURRENT INDEX RATIO MAY EXCEED THAT 12 AMOUNT. 13 (C) THE COST-OF-LIVING ALLOWANCES PAYABLE UNDER THIS SECTION 14 ARE HEREBY FOUND AND DETERMINED TO BE ADJUSTMENTS IN 15 COMPENSATION RATES NECESSARY TO MAINTAIN PREVIOUSLY ESTABLISHED 16 COMPENSATION LEVELS UNCHANGED IN TERMS OF REAL PURCHASING POWER 17 OR CONSTANT VALUE DOLLARS AND SHALL NOT BE DEEMED TO CONSTITUTE 18 AN INCREASE IN SALARY OR OTHER COMPENSATION UNDER ANY PROVISION 19 OF THE CONSTITUTION OF PENNSYLVANIA. 20 SECTION 2 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- C11L39JLW/19750H0856B2246 - 4 -