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A05760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2487
Session of
2020
INTRODUCED BY RYAN, STEPHENS, DIAMOND, MALONEY, LEWIS, KEEFER,
ROAE, SCHLEGEL CULVER, O'NEAL, BARRAR, KAUFFMAN, JONES,
MIZGORSKI, MARSHALL, GROVE, DUNBAR, BERNSTINE, MENTZER,
DeLUCA, COOK, THOMAS, GLEIM, ROWE, KORTZ, HELM, OTTEN,
HERSHEY AND B. MILLER, MAY 5, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2020
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 judicial salaries, for
compensation of Governor and Lieutenant Governor, State
Treasurer, Auditor General, Attorney General, Commissioners
of the Pennsylvania Public Utility Commission and heads of
departments and for members of the General Assembly;
providing for cost-of-living adjustment hiatus; and making a
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2.1(i), 3(e) and 4(d) and (d.1) of the
act of September 30, 1983 (P.L.160, No.39), known as the Public
Official Compensation Law, are amended to read:
Section 2.1. Judicial salaries.
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(i) Annual cost-of-living adjustment.--[Beginning]
(1) Except as provided under paragraph (2), beginning
January 1, 1997, and each January 1 thereafter, the annual
salaries under subsections (a) through (h) shall be increased
by 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. The percentage increase and salary amounts shall be
determined prior to the annual effective date of the
adjustment by the Supreme Court and shall be published in the
Pennsylvania Bulletin by the Court Administrator of
Pennsylvania within 20 days of the date the determination is
made.
(2) The annual salaries under this section may not be
increased by an annual cost-of-living adjustment under
paragraph (1) for the annual period beginning January 1,
2021 , and ending December 31, 2021 . Notice of the provisions
of this subsection shall be published in the Pennsylvania
Bulletin prior to December 1, 2020.
(3) The annual salaries for individuals subject to 42
Pa.C.S. § 1741(a)(1) or (2) (relating to compensation of
judges) may not be increased by a cost-of-living adjustment
under 42 Pa.C.S. § 1741(b) for the annual period beginning
January 1, 2021, and ending December 31, 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.
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Section 3. Compensation of Governor and Lieutenant Governor;
State Treasurer; Auditor General; Attorney General;
Commissioners of the Pennsylvania Public Utility
Commission; and heads of departments.
* * *
(e) Annual cost-of-living adjustment.--[Beginning]
(1) Except as provided under paragraph (2), beginning
January 1, 1997, and each January 1 thereafter, the stated
annual salaries of the Governor and Lieutenant Governor, the
State Treasurer, the Auditor General, the Attorney General
and the heads of the departments and members of boards and
commissions denoted herein shall be increased by an annual
cost-of-living increase 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 authorized. The percentage
increase and the salary amounts shall be determined by the
Governor prior to the annual effective date of the adjustment
and shall be published by the Secretary of the Budget in the
Pennsylvania Bulletin within ten days of the date the
determination is made.
(2) The stated annual salaries of the Governor and
Lieutenant Governor, the State Treasurer, the Auditor
General, the Attorney General and the heads of the
departments and members of boards and commissions may not be
increased by an annual cost-of-living adjustment under
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paragraph (1) for the annual period beginning January 1,
2021 , and ending December 31, 2021 . Notice of the provisions
of this subsection shall be published in the Pennsylvania
Bulletin prior to December 1, 2020.
Section 4. Members of the General Assembly.
* * *
(d) Subsequent annual cost-of-living adjustment for
members.--[For]
(1) Except as provided under paragraph (2), 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
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this subsection shall be published in the Pennsylvania
Bulletin prior to December 1, 2020.
(d.1) Subsequent annual cost-of-living adjustment for
officers and leaders.--[For]
(1) Except as provided under paragraph (2), 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 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
published in the Pennsylvania Bulletin prior to December 1,
2020.
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Section 2. The act is amended by adding a section to read:
Section 5.3. Cost-of-living adjustment hiatus.
(a) General rule.--The salary of salaried officers of the
Commonwealth, except for an individual subject to sections
2.1(i)(2) and (3), 3(e)(2), 4(d)(2) and (d.1)(2), may not be
increased by a cost-of-living adjustment for the period
beginning January 1, 2021, and ending December 31, 2021.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Salaried officers of the Commonwealth." The term shall have
the same meaning as in section 16(a) of Article V of the
Constitution of Pennsylvania.
Section 3. The following shall apply:
(1) Except as provided under paragraph (2), the
provisions of this act shall not be severable.
(2) The amendment of section 2.1(i) of the act and
section 4 of this act shall be severable from the remainder
of this act.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary for the amendment of section
2.1(i) of the act.
(2) 42 Pa.C.S. § 1741(b) is repealed insofar as it is
inconsistent with the amendment of section 2.1(i) of the act.
Section 2 5. This act shall take effect immediately.
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