Bill Text: NJ A2018 | 2010-2011 | Regular Session | Introduced
Bill Title: Standardizes redemption of unused sick and vacation leave by active local government employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Housing and Local Government Committee [A2018 Detail]
Download: New_Jersey-2010-A2018-Introduced.html
Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
SYNOPSIS
Standardizes redemption of unused sick and vacation leave by active local government employees.
CURRENT VERSION OF TEXT
As introduced.
An Act regulating the redemption of unused sick and vacation leave by active local government employees and amending various sections of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 42 of P.L.2007, c.92 (C.11A:6-19.1) is amended to read as follows:
42. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000[, except that an officer or employee who:
(1) on] . This section shall apply to payments made after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L. , c. (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or contract of employment applicable to [that] an officer or employee in effect on that date [has accrued] and providing otherwise for supplemental compensation based upon accumulated unused sick leave [shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater].
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement and shall be calculated in the same manner as such compensation is calculated for State employees pursuant to N.J.S.11A:6-19.
As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or [a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager] any full-time compensated person elected to, or employed by, any municipality or county, or any board, commission, agency, or instrumentality of or created by, a municipality or county, including a local authority or fire district.
(cf: P.L.2007, c.92, s.42)
2. Section 43 of P.L.2007, c.92 (C.40A:9-10.2) is amended to read as follows:
43. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000[, except that an officer or employee who:
(1) on] . This section shall not apply to payments made after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L , c. (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or contract of employment applicable to [that] an officer or employee in effect on that date [has accrued] and providing otherwise for supplemental compensation based upon accumulated unused sick leave [shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or
(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater].
Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement and shall be calculated in the same manner as such compensation is calculated for State employees pursuant to N.J.S.11A:6-19.
As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or [a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager] any full-time compensated person elected to, or employed by, any municipality or county, or any board, commission, agency, or instrumentality of, or created by, and municipality or county, including a local authority or fire district.
(cf: P.L.2007, c.92, s.43)
3. N.J.S.11A:6-3 is amended to read as follows:
11A:6-3. [Vacation leave; full-time political subdivision employees.] Vacation leave for full-time political subdivision employees shall be at least:
a. Up to one year of service, one working day for each month of service;
b. After one year and up to 10 years of continuous service, 12 working days;
c. After 10 years and up to 20 years of continuous service, 15 working days;
d. After 20 years of continuous service, 20 working days; and
e. Vacation not taken in a given year because of business demands shall accumulate and be granted during the next succeeding year only; except that vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the employee's appointing authority and approved by the commission, the leave is used or the employee is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining
f. Notwithstanding any other law, rule, or regulation to the contrary, full-time political subdivision employees shall receive supplemental compensation for unused vacation leave only at the time of retirement from a State-administered and locally-administered retirement system, based on the vacation leave credited on the date of retirement. No such payment shall exceed the value of one-year's worth of accumulated vacation leave.
(cf: P.L.2008, c.29, s.53)
4. Section 45 of P.L.2007, c.92 (C.40A:9-10.3) is amended to read as follows:
45. Notwithstanding any law or any rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality of a subdivision, that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, who does not take vacation leave that accrues on or after the effective date of [P.L.2007, c.92 (C.43:15C-1 et al.)] P.L. , c. (pending before the Legislature as this bill), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.
However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used [or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.
A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave].
As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or [a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager] any full-time compensated person elected to, or employed by, any municipality or county, or any board, commission, agency, or instrumentality of, or created by, a municipality, or county, including a local authority or fire district.
Notwithstanding any other law, rule, or regulation to the contrary, full-time political subdivision employees shall receive supplemental compensation for unused vacation leave only at the time of retirement from a State-administered or locally-administered retirement system, based on the vacation leave credited on the date of retirement. No such payment shall exceed the value of one-year's worth of accumulated vacation leave.
(cf: P.L.2007, c.92, s.45)
5. This act shall take effect immediately.
STATEMENT
This bill standardizes the redemption of unused sick and vacation leave by full-time employees of political subdivisions. Supplemental compensation for unused sick time may not exceed $15,000 per year. Additional compensation for unused vacation time for unused vacation time would be limited to the value of one-year's worth of accumulated vacation. The amount of supplemental compensation paid to a local government officer or employee for unused sick leave would be determined at the rate of one-half of the eligible employee's rate of daily pay for each day of accumulated sick leave based upon the compensation received during the last year of employment prior to the effective date of retirement.
