PRIOR PRINTER'S NOS. 2001, 2123, 2193, PRINTER'S NO. 2251 2202, 2246
No. 1285 Session of 2006
INTRODUCED BY WOZNIAK, COSTA, RAFFERTY, MUSTO, LOGAN, CORMAN, FONTANA, STOUT, TARTAGLIONE, MELLOW, GORDNER, O'PAKE, RHOADES, REGOLA, ROBBINS AND DINNIMAN, JULY 13, 2006
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 20, 2006
AN ACT 1 Amending Title 71 (State Government) of the Pennsylvania 2 Consolidated Statutes, further providing for credited State 3 service AND for classes of service. and for administrative <-- 4 duties of the board. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 5302(b)(2), 5306(b) and 5902(a) AND <-- 8 5306(B) of Title 71 of the Pennsylvania Consolidated Statutes 9 are amended to read: 10 § 5302. Credited State service. 11 * * * 12 (b) Creditable leaves of absence.-- 13 * * * 14 (2) An active member on paid leave granted by an 15 employer for purposes of serving as an elected full-time 16 officer for a Statewide employee organization which is a 17 collective bargaining representative under the act of June 18 24, 1968 (P.L.237, No.111), referred to as the Policemen and
1 Firemen Collective Bargaining Act, or the act of July 23, 2 1970 (P.L.563, No.195), known as the Public Employe Relations 3 Act, and up to 14 full-time business agents appointed by an 4 employee organization that represents correction officers 5 employed at State correctional institutions: Provided, That 6 for elected full-time officers such leave shall not be for 7 more than three consecutive terms of the same office and for 8 up to 14 full-time business agents appointed by an employee 9 organization that represents correction officers employed at 10 State correctional institutions no more than three 11 consecutive terms of the same office; that the employer shall 12 fully compensate the member, including, but not limited to, 13 salary, wages, pension and retirement contributions and 14 benefits, other benefits and seniority, as if he were in 15 full-time active service; and that the Statewide employee 16 organization shall fully reimburse the employer for all 17 expenses and costs of such paid leave, including, but not 18 limited to, contributions and payment in accordance with 19 sections 5501, 5505.1 and 5507, if the employee organization 20 either directly pays, or reimburses the Commonwealth or other 21 employer for, contributions made in accordance with section 22 5507. 23 * * * 24 § 5306. Classes of service. 25 * * * 26 (b) Other class membership.-- 27 (1) A State employee who is a member of a class of 28 service other than Class A on the effective date of this part 29 shall retain his membership in that class until such service 30 is discontinued; any service thereafter shall be credited as 20060S1285B2251 - 2 -
1 Class A service, Class AA service or Class D-4 service as 2 provided for in this section. 3 (2) Notwithstanding any other provision of this section, 4 a State employee who is appointed bail commissioner of the 5 Philadelphia Municipal Court under 42 Pa.C.S. § 1123(a)(5) 6 (relating to jurisdiction and venue) may, within 30 days of 7 the effective date of this sentence or within 30 days of his 8 initial appointment as a bail commissioner, whichever is 9 later, elect Class E-2 service credit for service performed 10 as a bail commissioner [after the effective date of this 11 sentence]. This class of service multiplier for E-2 service 12 as a bail commissioner shall be 1.5. 13 * * * 14 § 5902. Administrative duties of the board. <-- 15 (a) Employees.-- 16 (1) [Effective 30 days after the effective date of this 17 paragraph, the] The positions of the secretary, assistant 18 [secretary] secretaries and investment [professional] 19 professionals shall be placed under the unclassified service 20 provisions of the act of August 5, 1941 (P.L.752, No.286), 21 known as the Civil Service Act, as those positions are 22 vacated or created. All other positions of the board shall be 23 placed in either the classified or unclassified service 24 according to the definition of the terms under the Civil 25 Service Act. 26 (2) Notwithstanding any other provisions of law, the 27 compensation of the secretary, assistant secretaries and 28 investment professionals shall be established by the board. 29 The compensation of all other officers and employees of the 30 board who are not covered by a collective bargaining 20060S1285B2251 - 3 -
1 agreement shall be established by the board consistent with 2 the standards of compensation established by the Executive 3 Board of the Commonwealth. 4 * * * 5 Section 2. Notwithstanding any other provision of law, the 6 liability for any additional benefits established by the 7 amendment of 71 Pa.C.S. § 5306(b) shall be funded in equal 8 dollar annual payments over a period of ten years commencing 9 July 1, 2007. 10 Section 3. This act shall apply as follows: 11 (1) The amendment of 71 Pa.C.S. § 5302(b)(2), insofar as 12 it relates to business agents appointed by an employee 13 organization representing correction officers at State 14 correctional institutions, shall apply only to leaves of 15 absence approved after December 31, 2006, for active members 16 who are appointed as the business agents identified in 17 section 5302(b)(2). 18 (2) The amendment of 71 Pa.C.S. § 5306(b) shall apply 19 retroactively to January 26, 2004. 20 Section 4. This act shall take effect as follows: 21 (1) The amendment of 71 Pa.C.S. § 5902(a) shall take <-- 22 effect in 30 days. 23 (2) (1) The following provisions shall take effect <-- 24 January 1, 2007: 25 (i) The amendment of 71 Pa.C.S. § 5302(b)(2). 26 (ii) Section 3(2) of this act. 27 (3) (2) The remainder of this act shall take effect <-- 28 immediately. F20L71DMS/20060S1285B2251 - 4 -