PRINTER'S NO. 1601
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1303
Session of
2017
INTRODUCED BY MATZIE, DeLUCA, D. COSTA, BARRAR, TOPPER, JAMES,
IRVIN, RAPP, O'BRIEN, NEILSON AND WARD, APRIL 28, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 2017
AN ACT
Prohibiting bonuses and certain types of salary increases 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 Remuneration Equality 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." Monetary compensation given to an employee beyond
the employee's annual salary or other rate of pay. The term does
not include any of the following:
(1) Reimbursement or payments for expenses related to
official business, including meals, lodging, uniforms, car or
mileage and other expenses.
(2) Severance payments under a personnel compensation
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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 under a personnel compensation plan or a
collective bargaining agreement.
(5) An arbitration award.
(6) Payments made pursuant to litigation.
(7) Overtime compensation.
(8) Annual performance-based incentive payments based on
objective criteria made under a personnel compensation plan
included in an individual employment contract or collective
bargaining agreement.
(9) Shift differential payments, standby or call-time
payments or extra duty payments made under 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 General Assembly of the Commonwealth.
(3) Any court or office of the unified judicial system
of the Commonwealth.
Section 3. Bonuses prohibited.
No Commonwealth agency may pay a bonus to any of its
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employees.
Section 4. Penalties.
(a) Reimbursement.--An employee of a Commonwealth agency who
is paid a bonus after the effective date of this act shall
reimburse the employer for the full amount of the bonus.
(b) Criminal offense.--A person who knowingly and willingly
approves or authorizes a bonus prohibited by this act commits a
misdemeanor of the third degree.
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 immediately.
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