Bill Text: NJ A293 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits terminal leave compensation for local government employees.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Labor Committee [A293 Detail]
Download: New_Jersey-2018-A293-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
Co-Sponsored by:
Assemblywoman B.DeCroce, Assemblymen McGuckin, Carroll, Assemblywoman Schepisi and Assemblyman Clifton
SYNOPSIS
Prohibits terminal leave compensation for local government employees.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning terminal leave benefits for officers and employees of certain political subdivisions and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:6-23 is amended to read as follows:
11A:6-23. a. [Supplemental compensation; rules.] The Civil Service Commission shall adopt rules for the implementation of supplemental compensation, which shall include but need not be limited to application and eligibility procedures.
b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, officers and employees of a political subdivision of the State that is not a school district, or any agency, authority, or instrumentality thereof that has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, shall not be eligible to receive or accrue any terminal leave compensation at any time based upon accrued administrative leave, vacation leave, sick leave, or terminal leave benefits for longevity of service to that political subdivision or agency, authority, or instrumentality thereof.
(cf: P.L.2008, c.29, s.55)
2. N.J.S.40A:9-10 is amended to read as follows:
40A:9-10. a. Except as otherwise provided by law, the board of chosen freeholders of the county or the governing body of the municipality shall fix the amount of salary, wages or other compensation to be paid to county and municipal officers and employees unless they are to serve without compensation.
b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, officers and employees of a political subdivision of the State that is not a school district, or any agency, authority, or instrumentality thereof that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, shall not be eligible to receive or accrue any terminal leave compensation at any time based upon accrued administrative leave, vacation leave, sick leave, or terminal leave benefits for longevity of service to that political subdivision or agency, authority, or instrumentality thereof.
(cf: P.L.1971, c.200, s.1).
3. (New section) Notwithstanding the provisions of any law, rule, or regulation to the contrary, for and employees of a political subdivision of the State that is not a school district, or any agency, authority, or instrumentality thereof that has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, the use of six or more consecutive days of accumulated sick leave within the 12-month period preceding the date that employee first becomes eligible for retirement, without a medical necessity verified in writing by a physician, is prohibited. The commission shall promulgate rules and procedures to ensure that verification of medical necessity is provided. Any employee that does not comply with the verification requirement shall be subject to suspension without pay. The length of the suspension shall be determined by the appointing authority. The rules shall provide that the employer may require the employee to submit to an examination by a physician selected by the employer to verify the medical necessity. The employer shall deduct all sick leave found to have been used in violation of this prohibition from the amount of unused accumulated sick leave credited on the effective date of retirement upon which supplemental compensation, if any, for the employee at the time of retirement is calculated. Actions taken under this section shall comply with the requirements of N.J.S.11A:2-6 et seq.
4. (New section) Notwithstanding the provisions of any law, rule or regulation to the contrary, for officers and employees of a political subdivision of the State that is not a school district, or any agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, the use of six or more consecutive days of accumulated sick leave, after that employee is eligible for retirement without a medical necessity verified in writing by a physician, is prohibited. The Local Finance Board in the Department of Community Affairs shall promulgate rules and procedures to ensure that verification of medical necessity is provided. Any employee that does not comply with the verification requirement shall be subject to suspension without pay. The length of the suspension shall be determined by the appointing authority. The rules shall provide that the employer may require the employee to submit to an examination by a physician selected by the employer to verify the medical necessity. The employer shall deduct all sick leave found to have been used in violation of this prohibition from the number of unused accumulated sick leave credited on the effective date of retirement upon which supplemental compensation, if any, for the employee at the time of retirement is calculated.
5. This act shall take
effect immediately, except that it shall remain inoperative with respect to
contrary provisions of a collective negotiations agreement or individual
contract of employment in effect on the effective date.
STATEMENT
This bill would implement Recommendation 3 of the State Commission of Investigation's (SCI) report entitled, "The Beat Goes On...Waste and Abuse in Local Government Employee Compensation and Benefits" and would eliminate terminal leave. Terminal leave allows public employees to remain on the public payroll at full salary and benefits immediately prior to their retirement without coming to work by using up accumulated leave, usually in the form of many sick days banked over the course of a career. The bill bans the payment of terminal leave compensation for accumulated unused administrative, sick, and vacation leave or terminal benefits for longevity for employees of certain political subdivisions, including counties, municipalities, fire districts, and school districts.
This bill would also prohibit the use of six or more accumulated sick days by an employee within the twelve month period after they are eligible for retirement, unless a physician verifies in writing the necessity of that medical leave. The local government employer may require the employee to submit to an examination conducted by a physician selected by the employer to verify the medical necessity. The bill requires the employer to deduct, for each day of sick leave used in violation, one day of accumulated unused sick leave.
