PRINTER'S NO. 939
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
839
Session of
2019
INTRODUCED BY MURT, ZIMMERMAN, JAMES AND CALTAGIRONE,
MARCH 14, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 14, 2019
AN ACT
Prohibiting Commonwealth agencies from paying bonuses to
employees; and imposing penalties.
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 Bonus Ban 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." Any monetary compensation given to an employee
above and beyond the employee's annual salary or other rate of
pay. The term does not include the following:
(1) Reimbursement or payments for expenses related to
official business, including, but not limited to, meals,
housing, uniforms, car allowance 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 salary range
adopted under a personnel compensation plan or a collective
bargaining agreement.
(5) An arbitration award.
(6) Payments made under litigation.
(7) Overtime payments required for work performed in
excess of the maximum workweek.
(8) Shift differential payments, standby or call-time
payments or extra-duty payments made under a collective
bargaining agreement.
"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 government of this
Commonwealth, whether or not subject to the supervision and
control of the Governor.
(2) The legislative branch of the government of this
Commonwealth.
(3) Any court and any office of the unified judicial
system of this Commonwealth.
Section 3. Bonus ban.
No Commonwealth agency may pay a bonus to any of its
employees.
Section 4. Penalties.
(a) Reimbursement.--Employees of Commonwealth agencies who
are paid a bonus after the effective date of this section shall
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reimburse the Commonwealth for the full amount of the bonus.
(b) Penalty.--An individual who intentionally approves or
authorizes a bonus prohibited by this act commits a misdemeanor
of the third degree.
Section 5. Effect on compensation.
(a) General rule.--A bonus payment made in violation of
section 3 as determined by the Commonwealth agency that made the
payment or by a court of competent jurisdiction shall not be
deemed to be compensation.
(b) Construction.--Nothing in this act shall be deemed to
affect the definition of compensation under 71 Pa.C.S. Pt. XXV
(relating to retirement for State employees and officers) or 24
Pa.C.S. Pt. IV (relating to retirement for school employees).
Section 6. Employment contracts to be written and open to
inspection.
A personnel compensation plan, contract or collective
bargaining agreement by a Commonwealth agency shall be in
writing and shall be a public record subject to the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Section 7. Applicability.
The provisions of this act shall not abrogate any provision
of a collective bargaining agreement or employment contract that
exists prior to the effective date of this section.
Section 8. Effective date.
This act shall take effect in 30 days.
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