Bill Text: NJ A578 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies school district employees subject to statutory provisions concerning supplemental compensation for unused sick leave and vacation carry forward requirements.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Education Committee [A578 Detail]
Download: New_Jersey-2010-A578-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Co-Sponsored by:
Assemblywoman Lampitt, Assemblymen Moriarty, Diegnan, Assemblywomen Rodriguez and Greenstein
SYNOPSIS
Clarifies school district employees subject to statutory provisions concerning supplemental compensation for unused sick leave and vacation carry forward requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning board of education officers and employees and amending P.L.2007, c.92.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 44 of P.L.2007, c.92 (C.18A:30-3.5) is amended to read as follows:
44. Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, 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 the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has 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 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.
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 the political subdivision, 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 resolution, pursuant to guidelines or policy that shall be established by the Department of Education, 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 or instrumentality thereof.
For purposes of this section, "officer or employee" shall include a superintendent of schools, assistant superintendent of schools, and school business administrator.
(cf: P.L.2007, c.92, s.44)
2. Section 46 of P.L.2007, c.92 (C.18A:30-9) is amended to read as follows:
46. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, 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.), 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 the political subdivision, 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 resolution, pursuant to guidelines or policy that shall be established by the Department of Education, 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 or instrumentality thereof.
For purposes of this section, "officer or employee" shall include a superintendent of schools, assistant superintendent of schools, and school business administrator.
(cf: P.L.2007, c.92, s.46)
3. This act shall take effect immediately.
STATEMENT
Under P.L.2007, c.92, which became effective in June of 2007, the amount of supplemental compensation for any unused sick leave that could be provided by a board of education to an officer or employee upon retirement is capped at $15,000, the limit which was already applicable to State government employees. Another section of that law provides that an officer or employee of a board of education is allowed to carry forward unused vacation leave for only one successive year. The law includes provisions that permit persons to retain accrued supplemental compensation for unused sick leave and vacation leave in excess of these limits under certain specified circumstances.
This bill clarifies that in the case of a school district, the superintendent of schools, assistant superintendent of schools, and school business administrator are included within the term "officer or employee" for the purpose of the application of P.L.2007, c.92.
